STATE OF PUNJAB Vs. KISHAN SINGH

JUDGEMENT

(1.) THIS revision is directed against the order of the Additional Chief Judicial Magistrate, Patiala, dated February 1, 1983, whereby he has stayed the criminal proceedings pending disposal of the civil suits against Kishan Singh accused.

(2.) THE broad outline of the prosecution case is that Kishan Singh was facing charge under Section 420, Indian Penal Code, for cheating Charanjit Kaushal and Bal Bahadur of Rs. 5000/ - and Rs. 5600/ -, respectively, on the promise of selling a car No. PNY 850. He claimed to be tried. He applied for stay of the criminal trial pending disposal of civil suits which Charajit Kaushal and Bal Bahadur had filed against him for recovery of the amounts allegedly paid to him in connection with transfer of the said car in their names. After hearing the parties counsel, the trial Magistrate passed the impugned order the hence the revision.

(3.) MR . Mammohan Singh, learned counsel for the State, has strenuously urged that the learned Magistrate's order staying criminal proceedings pending decision of Civil Court was patently wrong and the same is liable to be set aside. This is just a bald submission of the learned counsel and it has not been supported by any principle or precedent. The point involved in this case is not res integra. In Phaggu Ram and others v. The State of Punjab, 1975 PLR 57, it was held that "where it was contended that the subject matter of the suit and the criminal case being the same, it would be expedient to stay the criminal proceeding because the Civil Court will finally decide the title of the petitioners. Further more the nature of the offences with which the petitioners have been charged is not so serious as to warrant the continuance of the criminal proceedings." Similar view was taken in Rajendra Kumar Ruia v. The State of West Bengal, 1969 Crl. LJ 243 and Nandu Babu v. Rajendra Kumar Singh, AIR 1970 Patna 382.