Will my case change into civil from criminal

671 votes

hi I can well understand your concern from the query raised, firstly if there is no FIR registered by the CCB, you can file a private complaint before the magistrate, seeking for direction for police investigation, the matter is criminal if there are elements of criminality and cannot be changed to civil, thank you

LawRato LawRato

837 votes

Filing a letter with the CCB stating your intention to pursue the matter through court does not amount to closing the case permanently, nor does it waive your legal rights. It is a procedural formality where the police have chosen not to proceed further at that stage, possibly due to the nature of the evidence submitted (forged bank statements) requiring judicial scrutiny. You retain full rights to pursue both criminal and civil remedies: 1. Criminal Remedy: You can file a private complaint under Section 200 CrPC - 223 BNSS before the Magistrate for offences like cheating (Section 420 IPC - BNS 318), forgery (Sections 465, 468, 471 IPC - (BNS 336, 340), and criminal breach of trust (Section 406 IPC - 316 BNS). The court can take cognizance, summon the accused, and even order a police investigation under Section 156(3) CrPC - 175 BNSS. 2. Civil Remedy: Simultaneously, you can file a money recovery suit with a request for interim relief such as asset attachment or injunction, based on the forged documents and transactions. Our office regularly handles such financial fraud cases and ensures strategic filing, evidence collation, expert opinion (if required), and effective representation to protect your rights and secure recovery. Engaging our team will help you move forward with a solid, result-oriented legal plan.

Advocate Arjun S LawRato

766 votes

The CCB's advice to take the case to court does not mean your case is closed; it indicates the documents (forged bank statements) are insufficient as evidence for them to proceed directly. You can approach the court under Section 156(3) of the CrPC to direct the police to register an FIR and investigate the fraud of ₹70 lakhs. If the court finds merit, it will order the police to act, effectively reopening the matter. Alternatively, you can file a private complaint under Section 200 of the CrPC, where the court will examine your evidence and proceed. In *Priyanka Srivastava v. State of U.P.* (2015), the Supreme Court emphasized that Section 156(3) applications must include an affidavit to prevent misuse, ensuring your claim of being cheated is substantiated.

Advocate Illamaran J LawRato

902 votes

No, your case is not closed. Writing to the CCB that you will pursue the matter in court does not amount to withdrawal or closure of the case. It simply means the police advised you to proceed with a private complaint since they may have found the matter more suitable for court prosecution. You can now file a private complaint under Section 200 CrPC before the Magistrate, attaching all documents including the forged bank statements. The court can then order an inquiry or direct the police to investigate under Section 156(3) CrPC. You are still within your rights to proceed legally. The case is not shut—you are just moving to the next legal step. — Adv. Venkatakrishnan, Apex Law Office LLP, Chennai.

Advocate Venkatakrishnan A M LawRato