Cheating case with injunction order dismissal.
farooq
(Querist) 14 March 2015
This query is : Resolved
We had a cheating case lodged on my uncle for selling our land without our notice in 2010, it is due for final notice in this month, in our last hearing the defense lawyer said it was a civil case as we took injunction order before filing cheating case, so defense lawyer asked judge to dismiss our petition based on these terms. Is it possible to dismiss out case? If the judge dismiss the case what should we do next?
Please help me in this regard.
Thanks,
Farooq.
Guest
(Expert) 15 March 2015
Please state, what is the opinion of your own lawyer with regard to your query, "Is it possible to dismiss our case? If the judge dismiss the case what should we do next"?
Devajyoti Barman
(Expert) 15 March 2015
Well, both civil and criminal case can run simultaneously depending upon the nature of the case.
In your case the court has not passed any order as yet and the court suo motu can not dismiss the case if the cognizance is already taken
Once it is dismissed you can file Revision.
Rajendra K Goyal
(Expert) 15 March 2015
Agree with the advise of expert Devajyoti Barman ji.
Dr J C Vashista
(Expert) 16 March 2015
What is the proposal of your lawyer? What do you want?
Both civil and criminal cases can be instituted and proceeded simultaneously.
For any other consultancy/clarification you may contact for pre-paid advise/proceeding.
Dr. J C Vashista, Advocate
Consultancy Room, Lawyer's Chamber Block, Delhi High Court, New Delhi-110003
email: majjagdish@yahoo.com
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
agreed with the opinions of expert Mr. Devajyoti Barman. You may discuss with your lawyer and seek further clarification from him/her.
