cpc

double claim?

Advocate.

Dear All,

               Please clarify me the following query

1. Complainant had filed a civil suit for recovery of money along with interests by filing the Promissory Note way of attaching the Accused Property and the suit has been degreed Exparty Proceedings and the Complainant had filed Execution Proceedings and recived sale papers for auctioning the property from the civil court.

Further the same complainant had file cheque bounce case u/s 138 NI Act and the Accused had been convicted to undergo 1 year S I, to pay fine RS.3,000 and also to pay compensation to the Complainant to the tune of Rs.4,50,000 (Cheque Amount).

In the cheque case the Complainant admitted while deposing evidence that the above said civil and criminal cases are filed by him for single loan transaction and further he had admitted that he recieved sale papers from the court to auction the property.But the Magistrate without considering these aspects had awarded compensation to the Complainant.\Kindly provide me any judgements regarding section 357(5) Cr.p.C.

At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section.  - See more at: http://www.legalblog.in/2011/10/award-of-compensation-in-cheque-bounce.html#sthash.D7cmjBUQ.dpuf

Thanking You in advance

Rds,
Shree

At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section.  - See more at: http://www.legalblog.in/2011/10/award-of-compensation-in-cheque-bounce.html#sthash.D7cmjBUQ.dpuf
5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section.  - See more at: http://www.legalblog.in/2011/10/award-of-compensation-in-cheque-bounce.html#sthash.D7cmjBUQ.dpuf
5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section.  - See more at: http://www.legalblog.in/2011/10/award-of-compensation-in-cheque-bounce.html#sthash.D7cmjBUQ.dpuf
 
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Advocate

Generally if the outcome of the civil suit is let known, the Magistrate court will not penalise the accused with one more such heavy punishment, but it is again the discretion of the court, you can prefer an appeal on the same grounds, you may get relief.

 
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advocate.dma@gmail.com

It is perverse and bad on the part of trial court...thats all I can say.. He has the power, but once the complainant is suitably compensated (civil court would have granted him interest and expenses as well), then where was the need for such compensation. After all civil / criminal system operates under one umbrella. As soon as he got the decree, his liability amount vanished, now his claim of further money from accused can be treated as claim without any dues, because even though in the criminal case, it is called compensation, but the fact is it is nothing but the outstanding amount compensation to complainant. So magistrate erred.

 
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