SASI BHUSAN SEAL Vs. MANIK LAL NUNDY

JUDGEMENT

(1.) This is a Rule calling upon the Chief Presidency Magistrate to show cause why the prosecution in this petition complained of should not be stayed on the ground that the genuineness of the document which is the subject of the prosecution is a question at issue in a Civil suit, and, therefore, Criminal proceedings ought not to be taken in respect of it until the determination of the Civil suit.

(2.) What has happened is this. The prosecutor in the Criminal case sued the defendant on a promissory-note. In the course of the proceedings, an affidavit was filed by the defendant which disclosed a letter on which the defendant relied as showing that there was a special arrangement with regard to the promissory-note which would be an answer to the suit brought against him on that note by the prosecutor. The prosecutor says that the letter is a forgery. He at once took proceedings against the defendant in the Criminal Court for forgery.

(3.) On the hearing of this Rule he strongly resisted the application that the Criminal prosecution should be stayed until the Civil suit is decided.