STATE OF MYSORE Vs. K L PATIL

JUDGEMENT

(1.) The question for consideration in this case is whether the criminal proceedings pending against one K. L. Patil in the Court of the Special First Class Magistrate, Davanagere, be stayed pending disposal of the dispute between him and the Society pending on the file of the Assistant Registrar of Co-operative Societies.

(2.) The accused in CC. No. 503 of 1970 filed an application under S. 344, CrlPC. to stay the criminal proceedings pending disposal of the dispute on the file of the Assistant Registrar of Co-operative Societies. The Magistrate, after taking into consideration the facts of the case, rejected the application. Against that order K. L. Patil preferred a revision petition in the Court of the Sessions Judge, Chitradurga. The learned Sessions Judge passed an order dt 15th April 1971, by which he made a reference to this Court recommending that this Court may set aside the order passed by the Magistrate and the criminal proceedings be stayed as prayed for by K. L. Patil.

(3.) Section 344 Criminal Procedure Code provides that: