I m in litigation with accused from last 5 years in cheque bounce case ( From 2007 and still continue ) , at this stage i want to make civil recovery suit agaist him side by side to criminal case . I think continous litigation is sufficient to alive its limitation , if so can you suggest me some decided case in this regard.
Civil and criminal cases both are differant cases. One for punish the accused and another is recovery for your cheque amount. Complainant can file bothe cases in same time. But recover said cheque amount fron one case only.
But recover said cheque amount fron one case only.
I am afraid this is not right. For example if the cheque amount is Rs. 1.0 Lac, the complainant can get full recovery with interest etc in civil case, criminal case which is punitive (not recovery) can have 2 years imprisonment + 2 Lacs compensation irrespective of civil order. It does not happen, but legally it is possible.
But If complainant won civil case first and recover all amout of said checque with interest which fixed civil court. Than in this case if criminal court passed order for imprisonment with direction to accused to return said chwque amount. In this way complainant can't get said cheque amount with any compensation.
Yes, In the payment to complainant of compensation for any loss caused by offence, this compensation can be recover in civil court. its correct
But If civil court passed first order in favour of complainant and he recover said amount with interest than in this situation after civil court order if criminal court passed order in favour of complainant than can again complainant recover said amount as compensation again.
This will be double gain of said cheque amount from one case in two court, Court will not allow.