Legal Question in Criminal Law in India
The matter is �
�I paid Rs. 3 lakhs in advance by bearer cheque to my neighbor for purchase his house. The agreement was oral not in written. After 3 months he refused to sale his house and assured refund the money within 6 months but in two years he returned only 90 thousands. The description of advance and refunded money is written on a plain paper signed by both. Now he file a civil suit (easementary right) regarding construction of my own house and saying that until I do not remove the construction and stop the the further construction he will not refund due amount.�
In this matter, I want to go through both civil (money recovery suit) and criminal (FIR etc.) proceedings simultaneously.
Regarding this my questions are �
1- In case, findings of criminal court and/or in influence of my neighbor (opponent/accused) report of police investigation goes against / unfavorable to my case. Then, can it affect my case in civil (money recovery suit) proceeding?
2- In this matter, criminal findings would supersede on civil case or not ?
3- Which proceeding is better to start first criminal or civil?
4- Last installment of refund was made on 7/12/2011 by my neighbor to me and rest or next installment was due in April 2012, but on 01/05/2012 he refused to refund the rest amount. In this situation, which date would be count for limitation period 3 years (as of my knowledge, for civil/money recovery suit).
5- Is there any other/different limitation period for criminal proceeding relevant to this matter?
2 Answers from Attorneys
Civil profile of an offence doesn't effect its criminal outfit.The finding of criminal court or police may not have the bearing on your suit for recording .limitation for civil suit starts from the last cause of action,same goes with criminal matters.
You can file a case of Cheating, Duping and Criminal Breach of Trust against the accused. Criminal Proceedings are different from civil proceedings and neither of them has any bearings on the other. You should initiate both the proceedings simultaneously. In this case the last cause of action arose on 01/05/2012 when he refused to pay and therefore, the limitation would start from that date. No, there are no different limitation period for criminal proceedings.
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