https://www.taxtmi.com/caselaws?id=157167 A criminal acquittal in cheque-dishonour proceedings does not, by itself, bar a parallel civil recovery suit or justify rejection of the plaint under Order 7 Rule 11(d) CPC. Rejection is permissible only when the bar to suit is apparent from the plaint itself. The criminal and civil proceedings are distinct: the criminal case turns on proof beyond reasonable doubt and statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act, while the civil suit is decided on preponderance of probabilities. The criminal judgment is not binding on the civil court and does not operate as res judicata. The civil suit could therefore continue. en-us Tue, 05 May 2009 00:00:00 +0530 Tue, 03 Jun 2014 16:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=157167 A criminal acquittal in cheque-dishonour proceedings does not, by itself, bar a parallel civil recovery suit or justify rejection of the plaint under Order 7 Rule 11(d) CPC. Rejection is permissible only when the bar to suit is apparent from the plaint itself. The criminal and civil proceedings are distinct: the criminal case turns on proof beyond reasonable doubt and statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act, while the civil suit is decided on preponderance of probabilities. The criminal judgment is not binding on the civil court and does not operate as res judicata. The civil suit could therefore continue. Case-Laws Companies Law Tue, 05 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=157167