MOHANLAL Vs. GULABJI

JUDGEMENT

(1.) THE applicant -defendant made a complaint to Police Authorities that he had lost certain blank cheques and signed blank papers which may be used or misused by somebody therefore proper action be taken. At the same time a report was made by the present applicant to the Bank that payments under the said cheques should not be made and if anybody brings the cheque for encashment then proper action be taken. After sometime the applicant was informed by the Bank and Police that the present plaintiff -non -applicant had presented the cheque for its encashment. The police acting on the complaint of the present applicant took cognizance of the matter, made investigations and filed the challan. The said challan was filed in year 1990. Thereafter nothing was done in the criminal matter. The non -applicant -plaintiff thereafter filed a civil suit on the pleading that the cheques were given to him in lieu of the payment of article sold by him to the defendant. The applicant -defendant moved an application under section 10 CrPC before the Civil Court making the request that till disposal of the criminal matter the proceedings in the civil suit be stayed. The application was rejected. Being dissatisfied by the said order, the applicant/defendant has preferred this revision petition.

(2.) MS . Mukherjee, learned counsel for the applicant contends that if the proceedings in the civil suit are not stayed, the petitioner would suffer adversely and his defence in the criminal case would be prejudicially affected. She also submits that the findings recorded in the criminal case would surely decide as to whether the blank cheques were misused or the plaintiff was the holder of the cheques in course of the business. On the other hand, Shri Agrawal submits that the plaintiff has filed the suit for recovery, the defendant is not an accused in the criminal case, he has no defence in the criminal case because he being the complainant has already come out with the case that the cheques were lost.