STATE BANK OF INDORE Vs. ABDUL RAZAK SHAIK

JUDGEMENT

(1.) THE applicant/plaintiff-the State Bank of Indore has directed this revision against the order dated May 13, 1996, rendered by the Fourth Additional District Judge, Dewas, in Civil Suit No. 6-B of 1995 thereby allowing" the application filed by the non-applicant/defendant under Section 10 read with Section 151 of the Civil Procedure Code, 1908, staying further proceedings of the civil suit pending between the parties till the disposal of the Criminal Case No. 897 of 1995 pending against the non-applicant/defendant.

(2.) BRIEFLY stated the facts of the case are that the applicant/plaintiff filed a suit against the non-applicant/defendant in the trial court for the recovery of Rs. 2,65,756. 50 on the allegation that the defendant encashed a cheque worth Rs. 1,50,000 from the plaintiff-bank on a false representation that he had already given the cheque worth Rs. 2,00,000 in his favour for encashment. Subsequently, it was discovered that no such cheques worth Rs. 2,00,000 were deposited by the non-applicant on the date of drawal of Rs. 1,50,000 on cheque from the plaintiff-bank. In connection with the aforesaid incident, the plaintiff-bank lodged a report against the non-applicant at the police station Kotwali, Dewas for the offence punishable under Sections 406 and 420 of the Indian Penal Code, 1860, and the challan has been filed against the non-applicant in the court of the Chief Judicial Magistrate First Class, Dewas, and Criminal Case No. 897 of 1993 is registered which is pending in the said court.

(3.) IN the suit filed on behalf of the plaintiff-bank for the recovery of the over payment, on service of summons on the defendant/non-applicant, he moved an application before the trial court under Section 10 read with Section 151 of the Code of Civil Procedure praying for the stay of the proceedings of the civil suit till the disposal of the aforesaid criminal case registered against the non-applicant. The application was opposed by the applicant/plaintiff but the learned trial judge by the impugned order allowed the application and stayed the proceedings in the said civil suit till the production of the defence evidence in the criminal case pending against the non-applicant/defendant. Aggrieved the applicant has filed this revision against the impugned order of the trial court.