SIBA SHANKAR HOTA Vs. GANESWAR BEHERA

JUDGEMENT

(1.) This petition challenges the order dated 06.04.2015 passed by the learned Civil Judge (Sr. Divn.), Bargarh in C.S. No.150 of 2012, whereby learned trial court rejected the application of the defendant under Sec.151 C.P.C. to stay the further proceeding of the suit till disposal of I.C.C. No.53 of 2010 pending before the learned J.M.F.C., Bargarh.

(2.) Opposite party as plaintiff instituted the suit for realization of a sum of Rs.4,35,815/- with PI and FI impleading the petitioner as defendant. It is pleaded that the defendant was in urgent need of money. To press his legal necessity, he approached the plaintiff for a sum of Rs.45,200/-. Plaintiff was in good terms with the defendant. He transferred the said amount to the Crop Loan Account of the defendant from his Savings Bank Account. Again the defendant approached him for a sum of Rs.3 lakhs. He issued a cheque on 20.10.2009 in favour of the defendant. To discharge his obligation, the defendant issued a post dated cheque in favour of the plaintiff for an amount of Rs.3,45,200/-. The plaintiff presented the said cheque in the Bank, but the said cheque was dishonored. The plaintiff issued legal notice to the defendant. But the defendant refused to receive the notice. Thereafter the plaintiff filed a complaint under Sec.138 of N.I. Act against the defendant before the learned J.M.F.C., Bargarh. He has also instituted the suit for realization of amount.

(3.) Pursuant to issuance of summons, the defendant entered appearance and filed written statement denying the assertions made in the plaint. It is pleaded that the plaintiff paid an amount of Rs.45,200/- to him in shape of a cheque towards the payment of supply of paddy to the plaintiff by the defendant. The plaintiff persuaded the defendant to open an account in the State Bank of India. He took the defendant to the Bank. The pass book as well cheque book were kept in the custody of the plaintiff in good faith. The defendant used to supply paddy to the plaintiff from 2007 to 2009 and as such the plaintiff was to pay a sum of Rs.3 lakhs and the defendant was to pay Rs.80,000/- towards cost of fertilizers and pesticides. When the defendant demanded his dues, the plaintiff withdrew the entire amount from the pass book and presented a cheque by forging his signature. While the matter stood thus, the defendant filed an application under Sec.151 C.P.C. to stay the further proceeding of the suit till disposal of I.C.C. No.53 of 2010 pending in the court of the leaned J.M.F.C., Bargarh. The plaintiff filed objection to the same. Learned trial court rejected the said application.