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Sumit (SA)     20 May 2013

Filing a criminal case when a civil suit pending?

Sir,


I have a civil case with my tenant pending in an appellate court. Our tenant filed false case against us, which got dismissed in trial court and is now pending in the appeal court. Can i file a criminal case u's 403, 420 for cheating us at this stage?

Our tenant took possession of flat on tenancy agreement in 1997 and filed civil suit in 2006 claiming to be owner. Trial court dismissed case in 2011, case is now pending at appeal stage.

 

Regards

Sumit



Learning

 4 Replies


(Guest)

@Querist,

 

Wait till an order is made by the court.You can also go for compensation under Civil Tort.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Advocate Ravinder (Advocate/Attorney)     20 May 2013

Wait till the appeal is disposed of.  You can file a suit for damages for causing unnessary litigation. 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 May 2013

Dear Sumit, Your tenant must have relied upon some documents with respect to his title / ownership. please chk what are those documents. Get the certified copies of those documents from the court and verify their genuineness. If the documents are forged and fabricated then you can file criminal case under sections 468/471/420 of IPC and after appeal you can file civil suit for malicious prosectuion and ask for compensation. Rajiv Bhasin Advocate Bhasin & Associates bhasin.laws@yahoo.com 9811210505

Alapati Prasad (Engineer-Business-Lawyer)     18 July 2014

wait for the disposal of the case in appellate court.  there is no use now going to criminal case.  U have to attend the court for ur case regularly. Accused may take attendance exemption from the court. It take years to finalise a criminal case in the present load of court cases.

Bhasin gave good advise.


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