Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Page no : 2

deepak kumar (Advocate)     06 July 2008

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

kajal dutta chaudhury (Advocate)     08 July 2008


     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.

deepak kumar (Advocate)     09 July 2008

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.

K.C.Suresh (Advocate)     11 July 2008

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

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