9911796707
TMI Blog2021 (11) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... secution has been initiated before the court of competent jurisdiction namely the Chief Judicial Magistrate, Meerut. There is no difficulty in recognizing the principle that the single transaction may give rise to both criminal and civil consequences. In the instant case, the same appears to have been caused. There is no principle in law as may warrant any interference in the present petition to either grant injunction against the pending proceedings under Section 74 of the Central Act or to quash the same, merely because the criminal proceedings is pending against the petitioner arising from the same transaction under Section 132(1)(c) of the Central Act - Both proceedings may continue simultaneously such that the rule of evidence appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eard learned counsel for the parties and having perused the record, it appears, arising from investigation carried out on the basis of certain information received from the petitioner's bank, two proceedings have arisen - one under Section 74 of the Central Act and another seeking prosecution, under Section 132(1)(c) of the Central Act. In the first place, the proceedings under Section 74 of the Central Act have been initiated against the petitioner vide show cause notice dated 04.06.2021 requiring it to show cause, as below: 24. Now, therefore, M/s Aamir Sons situated at near Ram Lal Aata Chakki, Bagia Nawabpura, P.S. Nagfani, Moradabad (U.P.) having GSTN 09AHLPA8397A1ZB (Legal name - Mohd Arif) are hereby required to Show Cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding against the petitioner arising from the same transaction under (Section 132(1)(c) of the Central Act). 7. Both proceedings may continue simultaneously such that the rule of evidence applicable to each may be applied independently. While criminal prosecution may conclude applying the rule of strict proof, the civil proceedings may conclude on the rule of balance of probabilities. Also, at the conclusion of a criminal prosecution, punishment may be awarded, whereas at the conclusion of a civil proceeding, only recoveries may be made. 8. Examined in that light, we find, the decision of the Telangana High Court in M/s Deem Distributors Private Ltd. (supra) , is on a different footing. There, both proceedings were pending under the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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