SABURA TEXTILES Vs. V S KRISHNAMOORTHY

JUDGEMENT

(1.) M/s. Sabura Textiles, Thanjavur filed a private complaint under S. 138 of the Negotiable Instruments Act against V. S. Krishnamoorthy before the Judicial Magistrate No. 1, Thanjavur. During the pendency of the said case before the trial Court. V. S. Krishnamoorthy, the accused/respondent filed a petition under S. 309, Cr. P.C. praying for the stay of the trial of the case and postpone the case from time to time till the adjudication of the civil suit which he filed against the complainant, the petitioner herein.

(2.) The trial Court after hearing the counsel for the parties by the order dated 17-11-1998 allowed the application and ordered adjournment of the criminal case till the disposl of the civil matter before the civil Court. Aggrieved over the same, the complainant, the petitioner herein filed a revision before the Court of Principal Sessions Judge, Thanjavur. By order dated 4-4-2000, the learned principal Sessions Judge also confirmed the order of the trial Court and dismissed the revision petition filed by the petitioner. Hence, the petitioner/complainant by way of challenging the order of the Sessions Court, filed this petition under S. 482, Cr. P.C.

(3.) The case put forward by the complainant/petitioner through his complaint is as follows :-