The pursuit of a civil remedy does not preclude the continuation of criminal proceedings if there are sufficient grounds to proceed further.

The applicants in both these applications have questioned the legality, propriety and correctness of the order dated 11.7.2011 passed by the Judicial Magistrate, First Class, Karanja (Lad) in Regular Criminal Case No.81/2010 issuing process against the applicants for the offences punishable under Section 120-B, 406, 420, 423, 465, 471 read with 34 of the Indian Penal Code.

2. Heard the learned counsel for the parties.

3. It is not disputed that the complainant, her sisters and mother have filed Special Civil Suit No.14/2010 before the Civil Judge, Senior Division for cancellation of Sale Deed obtained by the applicants for a consideration of Rs.2,70,000/-. In the agreement which was allegedly signed by the parties before the notary, consideration for the land was shown at Rs.7,50,000/-, whereas consideration in the Sale Deed is reflected at Rs.2,70,000/-. Civil suit is still pending. It is the contention of the complainant that the transaction was in fact for Rs.44,56,250/-. It is alleged that the complainant and her family members were thus cheated by the applicants.

4. Learned counsel for the applicant contends that when the civil remedy is taken recourse to by the complainant and others, the learned Magistrate should not have entertained the present complaint and issued the process. There is no bar in law for any party to take recourse to both the civil and the criminal proceedings simultaneously. Civil and criminal proceedings are distinct from each other and what is achieved by the civil remedy, may not be achieved through the criminal proceeding and vice versa. Criminal proceedings can continue if there is sufficient ground to proceed further. The argument that once the civil remedy is chosen, remedy in criminal law is not available to the complainant, is without merit. Prosecution can continue notwithstanding pendency of civil suit if allegations constitute cognizable offence, prima facie. There is no express legal bar for filing criminal proceeding merely because civil suit is pending. Learned Magistrate on perusal of the complaint, police report submitted under Section 202 of the Criminal Procedure Code and verification statement of the complainant has issued the process for the aforesaid offences. No interference is called for in the impugned order. Both the applications are accordingly dismissed.