See the civil and criminal case are different and the decision in criminal case is not binding in the civil case it has to be decided by it's own merits,evidences recorded and suit.
Effect of criminal case decision on civil case decision
Hi Does criminal case decision have any impact on the decision of civil case. We won civil case from both lower and district court. Now, the civil case is again pending in hight court as the other party appealed in the high court. In the meantime, the decision of criminal case is very near but the problem is that I have not given my testimony in criminal case as I have come to abroad for further studies. Also, the case officer has not given his testimony in criminal case as he has settled in abroad as well. But, I have given my testimony in civil case and we won the civil case twice from lower court as well as from district court. Also, case officer has nothing to do with civil case. Now, we know that our criminal case is weak because I, as a complaintant have not given my testimony. So, my father and I are scared by thinking if the decision of criminal case from lower court will have any effect on the decision of civil case pending in the high court. Like, their lawyer can say to judge in high court that his client has been acquitted in criminal case etc etc. Can you please clear this doubt. Thanks for the help.
Asked 5 years ago in Civil Law
23 Answers
Decision in criminal case would have no bearing on your civil case
2) There is neither any statutory nor any legal principle that findings recorded by the court either in civil or criminal proceedings shall be binding between the same parties while dealing with the same subject matter and both the cases have to be decided on the basis of the evidence adduced therein.
Dear Client,
Both courts (civil/criminal) have their own finding and independent to each other. Case will decide on merit on considering evidences submitted by parties before court.
hello,
the same will not have any direct effect but yes their lawyer will use that order in the HC. But the civil matter will be decided on its own merit and not otherwise.
Regards
Is the criminal case a fallout of civil dispute?
Was there serious charges?
Any seizures?
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
1. The decision/order passed by the Crminal Court will have no affect on the Civil Suit filed on the self same cause.
2. The Civil Court will not decide on the matter based on the decision passed by the Criminal Court in this regard.
It doesn't on case to case basis and facts of each case. Generally it doesn't make any difference
the civil action and the criminal prosecution would be completely separate. They would be filed separately. They would have different parties and different lawyers. They could be filed in different courts and presided over by different judges.
In both criminal and civil cases, the parties are same. 3 people did fraud with my father when my father was trying to buy a farming land as he sold his original farming land from his village. In 2009, we filed FIR and the case got registered under ipc 420 120b. We filed the civil suit as well to get either the property that those three people promised or the our money back with interest. In 2015, the decision from civil court came out. The judge found the papers were not complete so we couldnt get a piece of land but the fraud was proved so the amount we gave to them had to be given back with interest of 6% per annum jointly or seperately. Now, many lawyers here may think that if civil case decision was announced in 2015 then why criminal case is still pending. So, one of the person got stay from high court in criminal case. My father who did not want to spend any more money on criminal case said that he did not want to go to high court as it was a criminal case and police could look after it. So, it took long time the case got back to lower court and started again as normal. In the mean time, the other party applied case in district court and we demanded the land again. This time, judge again said the land could not be given as they did fraud in papers but the fraud was proved so the judge increased interest from 6 to 9%. so, our case got strong. In the mean time, I went abroad for further studies as I was a student when this whole thing happened to my father. The papers of land were on my name. So, I was the main complaintant. My testimony was recorded in civil suit but not in criminal suit. Investigation officer is either in abroad or he took money from these people. Now, criminal decision is very near as judge said the case got very old. Our civil suit in punjab and haryana court is set for arguments on 21 july 2019. But we are scared if the criminal decision will come before the civil suit arguments being done. Waiting for justice from last 10 years :(
Asked 5 years ago
It will only affect when there is some common evidence which is contradicting, omitting, or admitting some facts established in your case. Only in that case the said evidence can be used.
Criminal case judgment would not affect your civil case
you need not worry
Hi all. I would really appreciate if someone can guide me that cant our lawyer use my testimony from civil case in criminal case. As,both the cases have same parties. Can my testimony from civil suit be used in criminal case?
Asked 5 years ago
Your testimony from civil case cannot be used in criminal trial
although parties may be same cases are different
1. See the both cases have different nature and ingredients and prayer therefore based on decision of one another cannot be set aside and in criminal and civil case both court applies there mind judicially.
See for criminal case the evidence that is examination of chief has to be recorded and after that cross examination has to be done , the civil case testimony has no binding on trial as such.
The decision of a civil case may not have any impact over the pending criminal case and vice versa.
You are required to depose evidence as a witness to your own complaint case, this will strengthen your criminal complaint .
You may decide accordingly otherwise you may lose your criminal case.
No, your evidence deposition in the civil case cannot be used for this criminal case, there is no provision in law for this.
You may have to come in person to depose evidence in the criminal case as per the complaint and the statement given by you before the police.
The decision of the criminal court case would have no bearing in the civil Court case and vice versa.
You do not need to worry as the outcome of the criminal case would not have any effect in your civil case.
Each case has to be decided on merits and the evidences adduced by the parties.
Your testimony in civil suit cannot be used in the criminal case.
Criminal case decides on evidence after investigation conducted. Court will not look into statement but it dose not mean, You can give contradictive statement otherwise court will raise adverse inference against u.
Dear client
The judgment of civil case be presented in criminal case as reference but testimony and evidences given in civil case cannot be used in criminal case.
And the proceeding and decision of civil case is not decided by the judgement of criminal case. As you have won the case in both lower courts you will have upper hand in high court also.
But you should come to India for evidence in criminal court as it can minorly effect the proceeding of civil case and it will depend on discretion of high court to consider the criminal decision or not but high court will not take it as refrence as it will be decision of lower court.
It can be used only to the extent of showing the admissions, contradictions and omissions in the two testimonies.
1. You have mentioned in your query "The judge found the papers were not complete so we couldnt get a piece of land but the fraud was proved so the amount we gave to them had to be given back with interest of 6% per annum jointly or seperately."
2. It is not clear whether you have got the money back or not. If not then you shall have to file an execution suit seeking implementation of the said order.
3. The decision of Civil case has impact on the crimonal case on the self same issue and not the other way round.
2. So, you should have submitted the details of the order before the Criminal Court.
3. The decision of the Crminal Case mifght be that the FIR/case will be dismissed. It will not affect teh civil suit filed by you.
1.Your lawyer before the Criminal Court can use the decision once passed by the Civil Court regarding the refund of the money taken by them.
2. He can submit your testimony recorded before the Civil Court showing the ground that you are not present in the Country. It might not be accepted by the Court but will certainly impress the Judge in your favour.