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Shaji Joseph (Lawyer)     28 November 2007

Simultaneous Proceedings

Please intimate me whether a criminal case can be lodged when civil case is pending on the identical issue against the same person.


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 1 Replies

mmn (n/a)     05 December 2007

[font=""times new roman""]When the proceedings before a competent Civil Court are either decided upon or pending on an identical issue(s) then the criminal court cannot proceed to decide that issue. If the issue has already been decided upon by the Civil Court then the principles of res-judicata/issue-estoppel will prevent the Criminal Court from deciding that issue again. And if the issue is pending decision by the Civil Court then too the Criminal Court cannot decided that issue and it has no option but to drop the proceeding. [/font]

[font=""Times New Roman""]It will not be out of place to mention here that if the issue gives rise to independent causes of action then both the Courts can decide the same e.g. even if a recovery suit is pending before the Civil Court based on the same dishonoured cheques then too a criminal court can decide a complaint u/s 138 based on the same cheques. [/font]

[font=""Times New Roman""]Adv. Murtaza Najmi, Mumbai. [/font]

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