Legal Question in Criminal Law in India

SIr,

Please help me in knowing these:

1. Can I file a criminal suit also if I have already filed a civil suit for the breach of trust.

2. Can criminial suit be filed at the within the jurisdiction of my registered office, if the civil suit has been filed in in some other state.i,e, the jurisdiction of offence.

thank you


Asked on 5/19/11, 11:21 pm

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is advisable to file the criminal case at the same location where civil suit is pending. however, there is no bar to filing a criminal case even if civil action is pending. it is a well settled law that civil profile of an offence, does not prevent its criminal outfit.

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Answered on 5/19/11, 11:52 pm
Sanjay Kalra Sanjay Kalra & Associates

The answers to your question are here in below for your perusal :-

1) It is not Criminal suit it would be Criminal complaint.You can file the criminal complaint to the concerned court or the police station where the breach of trust had occurred and no where else .

2) I have answered this question herein above.

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Answered on 5/20/11, 1:38 am
Shrichand Nahar S.V.Nahar, Advocate

1, If given facts constitute civil wrong as well as criminal offence, then both the actions may be initiated.

2. A criminal case of breach of trust or misappropriation may be filed in the court within whose jurisdiction complainant reside or in case of company, having its registered office, provided facts of the case support the same.

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Answered on 5/20/11, 1:41 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

yes you can file criminal case even when civil case is pending. it is better if you can file criminal case in same state where civil case is filed.

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Answered on 5/20/11, 2:00 am


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