CHAMPA LAL SALIGRAM GOSWAMI Vs. CHHAGANBHAI BHIMABHAI MODHWADIA

JUDGEMENT

(1.) In the present petitions, the petitioner is common. He is the original accused in a complaint bearing Criminal Complaint No.1968 of 1996 filed before the Court of Chief Judicial Magistrate, Jamnagar by respondent No.1.

(2.) In Criminal Misc. Application No.1770 of 1999, the prayer is for quashing the complaint primarily on the ground that the averments made in the complaint even if taken on face value do not disclose any offence. In Criminal Misc. Application No.1771 of 1999, prayer is made that at any rate, criminal proceedings should be stayed till, on same set of facts, civil suit filed by the complainant is concluded.

(3.) Learned advocate Shri K.J.Shethna appearing for the petitioner in both the petitions has made detailed submissions on the prayer of the petitioner for quashing the proceedings altogether. He conceded that though at one point of time, view of this Court was that ordinarily, when for identical set of facts, civil as well as criminal proceedings are instituted, it would be desirable to stay the criminal proceedings till the conclusion of the civil case, by virtue of the subsequent view of the Apex Court,this would not be strictly necessary and in a given case, it would be open for the concerned court to independently pursue the criminal proceedings. I have, therefore, focused my attention mainly on the prayer of the petitioner to quash the criminal case filed against him by respondent No.1 herein.