Banambar Chhotra vs Nata Behra

Adamji, J.—This is an application for stay of a case instituted against the petitioner u/s 420, I.P.C., on the ground that the matter to be decided in the criminal case is identical with an issue which has to be decided in a civil suit between the parties which was instituted prior to the complaint in the criminal case. It appears that the complainant borrowed Rs. 200 from the petitioner on the 31st May, 1921. The complainant failed to repay this sum according to the petitioner and therefore instituted a suit for the money lent which was due on a hand note. After the institution of this suit the opposite party complainant made a complaint to the effect that he had gone to the petitioner and repaid his debt but the petitioner had failed to return to him the pro-note and therefore he had been cheated. It is quite clear that the question in the civil suit will be the same as has to be decided in the criminal case, namely, whether in fact the opposite party repaid the petitioner and if so whether the hand note had been returned or not. As a matter of fact the petitioner filed the hand note that is complained of in the Civil Court. I think that this is a case in which the criminal proceedings should by stayed and that it should be left for the Civil Court first to decide whether the complainant''s plea of payment and refusal of the petitioner to return the hand note is a genuine plea or not.

The hearing of the criminal case will therefore be stayed pending a decision of the civil suit.