Hi, I'm in a peculiar situation now. There is an ongoing civil case between my client(petitioner) and myself(defendant). The case is ongoing in Principal District Munsif Court, Puducherry (Under Act(s)-CodeofCivilProcedure Under Section(s)-26-1). On February 10, the petitioner had went to the Police station and filled an FIR against me under section 420 (Non-Bailable). I have already applied for an anticipatory bail. Please advice me on future course of action which i should take.
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1. Well,since a case u/s420 is initiated against you the primary duty of yours is to apply for bail which you have rightly taken.
2. Now once bail is granted depending on the merit of the case, you will have to fight the case on merit.
3.Since I do not know the contents of merit and the background facts I can not comment on the merit of the trial.
4. Quashing is another option after you get the bail and the charge sheet is submitted.
What is the relief sought in Civil suit?
Section 420 in The Indian Penal Code deals with Cheating and dishonestly inducing delivery of property.( Whoever cheats and thereby dishonestly induces the person de¬ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.)
So in the 420 case you have to take anticipatory bail. So contest both case
1) both civil and criminal cases are maintainable
2) civil suit is for recovery of money
3) criminal case is for punishment for commiting the offence of cheating
4) in your AB application take the plea that dispute is only of civil nature and no criminal complaint is maintainable . that complainant has already filed civil case against you
What is the nature of the civil case pending between you and your client? Since you have applied for AB you should prioritize it at this stage. After obtaining AB half the battle will be won by you. Thereafter, you may either move the HC for the quashing of FIR or face trial to prove your innocence.
You have to see the contents of the complaint against which the FIR has been registered now.
It may be for a different reason to that of the civil case.
If you think both relate to same cause of action, then you may challenge the criminal case properly on merits.
As advised by respected lawyers of Kaanoon and my own lawyer, i had filled for AB in High Court. The High Court didn't gives me AB but instead directed both petitioner(client) and defendant(me) to go for mediation. I heard from my lawyer that the other party is not ready to attend the mediation which is directed by the respected High Court. Can I know what does it mean? Why did the respected High court directed us to go for mediation? Will I get AB? Is there any danger of police arresting me?
1)it means other party does not want to settle the case
2)objective of HC was to enable parties to arrive at an amicable settlment
3) you should get AB as it is the opposite party that is refusing to attend mediation .
4) police would not arrest you pending disposal of your AB application
If the high court has directed you to attend mediation, then yo have no option than to attend the mediation.
For mediation, you both do not require your lawyers, you can do it yourselves before the mediator.
Referring the case to a mediator is part of reconciliation efforts to solve the problems without litigation.
The police will not arrest while the matter is referred before high court for the purpose of AB.