Legal Question in Criminal Law in India

Maintainability of petition

Can we invoke both the provision of Civil and Criminal law at the same time for a promissory note case wherein the amount recoverable, both interest and principal is not recovered. Can sec 415, 420 crpc stands if the intention to evade is proved ? Would like to get adviced on this ? How different will be the answer be if it is a Hire purchase company, from which the amounts deposited are not recoverable after even 2 years of due date??

Will courts allow both civil and criminal admisability of the case ? If yes, possibilities. If no, why ?


Asked on 8/21/03, 9:41 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Maintainability of petition

If the given facts constitute a civil wrong as also an offence, then both can go side by side. As regards maintainability of a criminal action in your case, the facts/details given by you are insufficient to express anything.

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Answered on 8/22/03, 3:45 am
Vishwa Arya Arya & Co.

Re: Maintainability of petition

Yes, both civil and criminal actions are maintainable notwithstanding the cause of action, the constitution (whether company or not) of the debtor so long as the debt is legally enforceable and the cause of action constitutes an offence either under the penal code or under any other statue.

Warm regards,

Bhushan Arya

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Answered on 8/21/03, 4:06 pm


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