Civil vs Criminal Proceeding-effort should be made to avoid conflict of findings between the civil and criminal Courts, it is necessary to point out that the standard of proof required in the two proceedings are entirely different. Civil cases are decided on the basis of preponderance of evidence while in a criminal case the entire burden lies on the prosecution and proof beyond reasonable doubt has to be given. There is neither any statutory provision nor any legal principle that the findings recorded in one proceeding may be treated as final or binding in the other, as both the cases have to be decided on the basis of the evidence adduced therein.
Perjury
Criminal Procedure Code, 1973—Sections 195 and 340—Perjury—Making of false statement in court of Rent Controller—Though Rent Controller discharges quasi-judicial functions, he is not a Court, as understood in conventional sense and he cannot make complaint under Section 340 Cr.P.C.—Complaint could be made by a private party in the proceedings—Rent Controller, being a creature of Statute, has to act within four corners of Statute and could exercise only such powers as had been vested in him by Statute—No reason to quash proceedings.
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