ORIENT VINDYAAS Vs. SAZZI KUTTPPAN

JUDGEMENT

(1.) The petitioner has filed this petition under Article 227 of the Constitution of India, for quashment of order dated 21.09.07 (Annexure P-4) passed by 5th Additional District Judge, Bhopal, in Civil Original Suit No.110-B/06, whereby allowing the application of the respondent defendant filed under Section 10 of the C.P.C., on account of pendency of the some criminal case, at the instance of and on the report of the present petitioner against the respondent, the further proceedings of the impugned civil suit has been stayed.

(2.) The petitioner's counsel after taking me through the averments of the 'petition as well as the paper placed on the record along with the impugned order by referring the decided case of this court in the matter of Nemichand Gangwal and another Vs. Harish Kumar .Jhanwar, 2000 3 MPHT 194, argued that the civil suit cannot be stayed till disposal of the criminal case instituted with respect of the incident out of which the cause of action of the civil suit had came into existence. In continuation he said that the aforesaid cited case of this court has been decided taking into consideration the decision of the Apex Court in the matter of State of Rajasthan Vs. M/s. Kalyan Sundaram Cement Industries Ltd., 1996 2 MPWN 61and prayed to admit and allow this petition.

(3.) Having heard, keeping in view the arguments, I have carefully gone through the papers placed on the record and the aforesaid cited cases, it is undisputed fact in the matter that the impugned suit has been filed by the present petitioner against the respondent for recovery of the sum of Rs. 7,07,573/- which has been mis-appropriated by practicing the fraud by the respondent with the petitioner and thereby the offence of breach of trust was also committed by him, in such premises before filling the civil suit FIR was also lodged by the petitioner, on which criminal offence of Sections 408, 420 and 506/34 of the I.P.C. was registered and after investigation the chargesheet was filed before the competent criminal court to prosecute the respondent under such offences. After filing the suit on behalf of the respondent, the impugned application under Section 10 of the C.P.C. was filed for staying the further trial of the civil suit till disposal of the aforesaid criminal case and on consideration by allowing such application further trial of the civil suit has been stayed.