C V KUSHALA A WARRIER Vs. RAJ KUMAR

JUDGEMENT

(1.) Learned counsel for the petitioner has prayed for quashing of Order of the Judicial Magistrate, 1st Class, Faridabad dated 26-3-2002 and Order dated 22-4-2003 passed by the Additional Sessions Judge, Faridabad in this revision petition.

(2.) Learned counsel for the petitioner has stated that the criminal proceedings pending against the petitioner should be stayed till the civil litigation is not concluded. He has further stated that a major amount has been paid back to the respondent and the petitioner has got receipts to this effect though these receipts have been challenged by the complainant. They are under scrutiny of the trial Court on the civil side.

(3.) I have perused the order of the Addl. Sessions Judge, Faridabad dated 22-4-2003 and order of the Judicial Magistrate, 1st Class dated 26-3-2002. Civil litigation is pending between the parties for recovery of the amount and criminal litigation under Section 138 of the Negotiable Instruments Act is also pending. Both these remedies are independent remedies. One is for the punishment of the petitioner under Section 138 of the Negotiable Instruments Act as the cheques have not been honoured. The other remedy is for recovery. Evidence is being led and the trial Court has not come to any final decisions in both the cases.