ANITHA Vs. BAVA

JUDGEMENT

(1.) THIS is a case where civil court has initiated criminal prosecution against a party - litigant in a civil litigation. The question raised is whether the civil court has inherent power to initiate criminal proceedings under S.151 of the Code of Civil Procedure.

(2.) THE facts required for the disposal of this case are briefly stated hereunder : The first petitioner who was residing in Bombay had agreed to sell her property through her power of attorney holder, the second petitioner, to the respondent, who had advanced an amount of Rs. 10,000/-. However, the transaction between the petitioners and the respondent did not take place and later it ended in the suit, O.S. No. 197/88 before the Munsiff's Court, Kodungallur. The said suit was filed by the respondent herein for realisation of the money advanced by him to the petitioners. He filed I.A. 664 of 1988 for attachment of plaint schedule property in O. S. No 197/88. In that proceedings, the petitioners took an undertaking before the court that the property would not be sold without obtaining permission from the court. However, the property was sold in violation of the said undertaking. Thereafter the respondent filed a petition for prosecuting the petitioners for violation of the undertaking. It was alleged therein that the petitioners had committed offences under S.193, 196, 199, 200 and 206 IPC. If was therefore prayed that the prosecution shall be initiated under S.340 of the Code of Criminal Procedure. However, the said petition was styled as one under S.151 of the Code of Civil procedure.

(3.) SRI . P. Vijayabhanu, learned counsel appearing for the petitioner contended that the civil court has no inherent power to direct criminal prosecution and that the respondent having specifically filed the petition under S.151 CPC., the impugned order is liable to be set aside. The counsel has brought to my notice the decision in A. Achuthan v. Yooseph (1973 CriLJ 540) That was a case where the court was considering whether the civil court has jurisdiction to award costs while disposing a petition under S.476 or 479A of the Code of Criminal Procedure, 1898. S.340 of the present Code corresponds to S.476(1) of the old Code. After discussing the law on the subject this court observed: