RAMACHANDRA IYER Vs. N C MENON

JUDGEMENT

(1.) his is an application under S.561A Crl. P.C., for stay of trial of the criminal complaint in C.C. 24 of 1961 on the file of the District Magistrate of Palghat till the disposal of O.S. 107 of 1960 on the file of the Subordinate Judge of Palghat on the ground that the matter in issue in both the cases are the same.

(2.) The petitioner is a chartered accountant who had audited the accounts of the Palghat Engineering College Council, a Society registered under the Societies Registration Act The respondent is the Secretary of the council. On the ground that certain false statements were made in the report with the intention of maligning and insulting him, the respondent in this petition filed a civil suit O.S. 107 of 1960 on 25-11-60 in the Sub-Court, Palghat claiming damages of a sum of Rs. 5,100/- On 27-1-1961 the respondent filed a criminal complaint C.C. 24 of 1961 also for defamation under S 500 IPC. before the District Magistrate, Palghat.

(3.) What is now alleged in this petition is that it is to harass and coerce the petitioner for a settlement that the respondent has filed this criminal complaint, that there will be considerable embarrassment and possible conflict of findings if both the cases are allowed to proceed simultaneously and therefore the criminal complaint should be stayed.