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Jayanti Devi (Student)     18 August 2025

District judge

in a civil money suit , court has passed the order against a defaulter for payment...

now, in order to execute the order, we are filing petition for bank account and property attachment..

but, if nothing can be found from those then 

1)can plaintiff go to district judge with a revised petition and file criminal proceedings ? 

and 2) does district judge have the authority to initiate criminal proceedings including arrest warrant against the defaulter for non payment ?

what is the bottomline ? can district judge finally initiate criminal proceedings based on a money suit order passed by a civil judge in the very same court ??

if so, what is the section under which a civil court can initiate criminal proceedings against a civil order ? is it sec 392 ? or something else

 



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     18 August 2025

1. Bi 

2. No

If you get a decree in your favour then next step is to file an execution petition in the same court.

If the judgment debtor has no means to pay the decreetal amount then you can ask for civil arrest and you may have to pay for the expenses for putting the JD in the civil jail.

You should have taken criminal action before approaching civil court and it is not maintainable now.


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