GORDHAN SIYAG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 482 Cr.RC. is directed against the order dated 15.6.2002 passed by the learned Addl. Chief Judicial Magistrate, Suratgarh District Sriganganagar in criminal regular case No. 286/99 whereby the application filed by the petitioner for staying the proceedings in the case till the disposal of the civil suit has been rejected.

(2.) Briefly stated, the relevant facts are that non-petitioner No. 2, Ratan Lal filed a criminal complaint against the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 whereupon the aforesaid regular criminal case No. 286/99 was instituted in the learned court below. Thereafter, non-petitioner No. 2, Ratan Lal filed a civil original suit No. 5/2001 in the Court of Addl. District Judge camp Suratgarh for the recovery of amount which suit is also said to be pending. The petitioner filed an application on 26.2.2002 before the learned court below for staying the proceedings in the criminal case till the disposal of the civil suit, which has been rejected by the learned court below vide impugned order dated 15.6.2002. Hence, this petition.

(3.) I have heard the learned counsel for the petitioner and have also perused the impugned order.