K V S S CHOWDARY Vs. STATE

JUDGEMENT

(1.) This is an application by the three accused in C.C.No. 207 of 1976 on the file of the V Additional Judicial Magistrate of First Class, Vijayawada, to grant stay of all further proceedings in the original case till the final disposal of O.S. No. 66 of 1977 on the file of the Court of the Subordinate Judge, Vijayawada.

(2.) This request for stay is founded on the following allegations. Sobhana films represented by Sri Chandrakant Shyamaldas Shah preferred a complaint against the petitioners stating that they intended to sell and the complainant intended to purchase the lease rights to a cinema picture for the ceded districts. The complainant believed the representation of the accused that the print copy No. 10 of the film would be given to him for exploitation in ceded districts. Believing the representation he paid all the moneys as agreed in the agreement. However, the accused gave him Copy No. 18 which was very bad for exploitation, thereby causing loss to him. They cheated him and therefore they should be tried and punished for cheating. Later he filed O.S. No. 66 of 1977 in the Subordinate Judge's Court, Vijayawada to recover from as many as 7 defendants a large sum of more than one lakh rupees including the claim for damages, which is to the extent of Rs. 80,000. It is alleged in the stay petition that since the averments, in the criminal case as well as in the civil suit are practically the same, trial of the criminal case may be stayed till the disposal of the civil suit, which is a more comprehensive matter where the entire evidence would be adduced.

(3.) This is opposed by the learned public prosecutor stating that only A-1 and A-3 are two of the 7 defendants in the suit, that the facts are not identical, and that in the civil suit there are several claims under different heads including damages which are in no way related to the case which will have to be tried in the criminal Court. He further contends that criminal cases shall not be stayed till after the disposal of the civil suits which are likely to take considerable time.