F.I.R.

it is well settled that criminal proceedings as well as civil proceeding can go on side by side

Sir,

     In response of your oppinion I be an learner of law willing to forward my quaries in this regard. That if it is mentioned in the contractual sale aggrement between A and B that after such limited period the advenced money will be lapse  means become not refundable by A  and B will never posses any claim upon the schduled property mentioned in the said document , then after completion of mentioned period whether B will able to file any case of suit against A? If under what provision.

if B did not approach A within the stipulated time frame with the rest amount as agreed in the contract no case is made out.

If B approached A within time frame and was willing to pay money but on one pretext or other A refused to accept the money or delayed the matter so that period of contract expires then a criminal case for cheating is made out against A

B can also file a civil suit for specific performance of contract.

Why not maitainable Arvind. It is. Whether S.419 or 420 is allpicable is just a factual issue. How ever your option is to go for 482 remedy to quash the FIR. The criminal act I hope is the threatening etc and maynot be the money transaction or agreement eventhough it is the main reason. Adv.K.C.Suresh, Kerala