CARLOS MAURICIO DABREU NORONHA Vs. SHAMSUNDER TARACHAND ADVANI

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge under Section 438 of the Code of Criminal Procedure, praying for the reasons mentioned therein, that the order passed by the learned Magistrate, Panjim, dated 3rd October, 1968, whereby he stayed the criminal proceedings in view of the civil suit instituted in the Bombay High Court, be set aside.

(2.) The material facts are that the complainant, as sub-manager of the local Syndicate Bank, filed a complaint against the accused Shamsunder Tarachand Advani and his wife Smt. Kalavanti S. Advani, under Sections 403, 406, 420 and 107 of the Indian Penal Code. The substance of the accusation was that they had cheated the Bank and misappropriated a sum of Rs. 1,88,870 belonging to it. The learned Judge, after examining the complainant on oath, issued warrants against the accused. It was thereafter that on behalf of the accused an application was made on 19th September 1968 praying :-

(3.) Mr. Joshi, learned counsel for the complainant, argues that the learned Magistrate did not properly exercise discretion vested in him and that there was really no case for staying the criminal proceedings. In support of this argument, he cites the decision of the Supreme Court in M.S. Sheriff V/s. State of Madras, 1954 AIR(SC) 397 The facts of this case are distinguishable from the facts of the present case, but the following observations of their Lordships of the Supreme Court on stay of criminal proceedings are apposite :-