O.XXXVII; Rr.1 & 2 & O.IX, R.13---Penal Code (XLV of 1860), S.489-F---Criminal Procedure Code (V of 1898), S.522-A---Availing of civil and criminal remedies simultaneously---Validity---Defendant applied for cancellation of exparte decree passed against him in suit for recovery on the basis of cheque, which was bounced on the score that since plaintiff had availed criminal remedy under S.489-F, P.P.C., suit under O.XXXVII, Rr.1 & 2, C.P.C. filed against him was not maintainable---Said contention was repelled by High Court holding that civil suit and criminal proceedings were two different remedies provided by law having different consequences as in commission of an offence, punishment was provided while through civil suit, recovery proceedings were commenced and the amount which was established to have been paid, was recovered, therefore, both these remedies being not overlapping could be simultaneously availed of by the person who had been conferred such remedies by law---Subsection (3) of section 522-A, Cr.P.C. provided that a civil suit was not barred even in the presence of said section---Exercise of right of filing of suit could not create any hindrance in way of lodging F.I.R. under S.489-F, P.P.C. and vice versa---If different rights to commence proceedings of civil or criminal nature had sprung up with different results, those could be availed of differently and maxim that “a man should not be vexed twice,” would not be applicable in such a case.
Muhammad Asif Versus Muhammad Javed Akhtar
2006 M L D 1184
Before Sh. Hakim Ali, J
2006 M L D 1184
Before Sh. Hakim Ali, J
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