MRUTUNJAYA CHAND Vs. ASISH KUMAR PRATIHARI

JUDGEMENT

(1.) In this revision petition under Section 401 read with Section 482 of the Code of Criminal procedure, the Petitioner, herein Mrutunjaya Chand, has sought to challenge the Order Dated. 8.3.2007 passed by the Learned S.D.J.M., Bhubaneswar in I.C.C. Case No. 14 of 2006, whereby the Petitioners' prayer to stay the further proceeding and the trial of the case till disposal of the C.S. No. 470 of 2005 pending in the court of the Civil Judge (Senior Division), Puri was rejected.

(2.) LEARNED Counsel appearing for the Petitioner submits that the Petitioner had filed C.S. No. 470 of 2005 seeking a declaration to the effect that he had no liabilities by the time the cheques were presented for clearance. Learned Counsel further submits that since the Civil Suit had already been initiated much prior to the present complaint case, complaint case should have been adjourned till Civil Suit was decided, wherein the liabilities of the Petitioner would be determined. He accordingly submits that only after the liability is determined, in the civil suit the present complaint case may be proceeded with. In that respect, the Learned Counsel for the Petitioner has relied on a Judgment of the Calcutta High Court in the case of Anil Kumar Parolia v. Md. Shafique Khan reported in 1999 -DCR (Dishonour of Cheque Reporter) -554. In the said case, the Hon'ble Single Judge of the Calcutta High Court came to the conclusion that although there is nothing to quash the criminal proceeding at this stage, it is all the more essential that the criminal proceeding should be stayed till the decision of the civil suit.

(3.) IN view of the submissions of the Learned Counsel for both the parties, as recorded herein above, and at the out set it can be safely recorded that the law is well settled that the remedies claimed in the civil and criminal remedy are independent to each other and the outcome of both would depend upon the evidence that may be led by either side, in each proceeding. - - - -