DAVUD Vs. YUSUFF

JUDGEMENT

(1.) This is an application by the 3rd accused in C.C. 24 of 1954 of the Sub Divisional Magistrate's Court, Quilon, to stay the proceedings in the said case till the disposal of O.S. 40 of 1954 of the Quilon District Court. In O.S. 40 of 1954 the present applicant is the 3rd defendant. The plaintiff in that suit is the complainant in C.C. 24 of 1954 and the 1st counter petitioner in this Criminal M.P. O.S. 40 of 1954 was filed before C.C. 24 of 1954; and according to the petitioner, the civil proceeding and the criminal proceeding are in respect of the same transactions and the criminal prosecution was launched subsequent to the institution of the civil suit merely to harass him and the other defendants in the civil suit and coerce them to agree to a compromise. The 1st counter petitioner opposes the application.

(2.) From February 1953 counter petitioners 1 and 2 were conducting a partnership business under the name and style of "Indo Ceylon Egg Supplies". O.S. 40 of 1954 was brought by the 1st counter petitioner for dissolution of this firm after settlement of accounts and for other reliefs. In that suit the 2nd counter petitioner was the 1st defendant and his wife was the 2nd defendant. The present petitioner and another person who were the accountants of the firm were defendants 3 and 4 and the Firm's Bank was the 5th defendant. It was alleged in the plaint that making use of certain blank letter papers signed by the plaintiff defendants 1 to 4 had forged certain documents and sent a forged letter to the 5th defendant falsely stating that the partnership had been dissolved and the accounts closed and that they had also falsified the accounts and misappropriated certain amounts. For the identical forgeries, falsification of accounts, and misappropriation and also for criminal conspiracy to commit the said offences the plaintiff in O.S. 40 of 1954 subsequently instituted C.C. 24 of 1954. In the criminal case he has applied for search and seizure of the account books and other records of the firm and also to direct the 3rd defendant to produce in court the accounts in his possession. Some of the accounts have already been produced in the civil suit and some have to be produced in the civil court in pursuance of summons already issued therefrom. Other accounts are also necessary in that case. It is in these circumstances that the 3rd defendant has applied for stay of the criminal proceeding till the disposal of the civil suit.

(3.) On behalf of the 1st counter petitioner it is contended that the High Court has no jurisdiction to stay the criminal proceedings till the disposal of the civil suit, that the petitioner should first move the criminal court itself to stay the criminal proceedings and he can only come up in revision if the Magistrate refuses to stay the criminal proceeding, and that, since the main question to be decided in the criminal case is whether the accused in that case have committed the particular offences attributed to them, the subject matter of civil and criminal proceedings cannot be said to be the same.