CANARA BANK Vs. LAKSHMI NARAIN RAJIV KUMAR

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 16 -2 -1991, passed by Additional Civil Judge, Etah by virtue of which proceedings in O.S. No. 154 of 1989, Canara Bank v. M/s. Lakshmi Narain Rajiv Kumar and Ors. are stayed in the trial Court, during the pendency of the criminal proceedings under Sections 420,467, 468 andl20,I.P.C.

(2.) IT appears that plaintiff -revisionist filed a suit for recovery of Rs. 16,33,841.30 in the trial Court against the respondents alleging that defendant -respondents had taken payment of the said amount against the forged “Hundies”. The trial court stayed the proceedings in the civil suit on the ground that a criminal complaint has been filed under Sections 420,467,468 and 120,1.P.C. against the bank regarding the same amount.

(3.) MR . R.S. Maurya, learned Counsel for the revisionist has submitted that the order of the trial court has been passed in the illegal exercise of jurisdiction and has caused a failure of justice.