Vinod Kumar and ors. vs State of Haryana and anr.

J.B. Garg, J.

The General Manager of Thomson Press (India) Ltd., Faridabad required Alcohol Dampening Solution for cleaning of the printing plates of their machines with the object of clean and quality printing. There was requirement of so Propyl Alcohol (IPA) and in this regard order was placed on M/s Bimbros Scientific Industry, 35UB Road, Jawahar Nagar, Delhi through their partner Shri Vinod Kumar Tandon. The aforesaid printing press continued receiving the supply of the aforesaid IsoPropyl Alcohol (IPA) during the years 1981, 1982, 1983 and 1984 as well.

On 6121984, the suppliers or in other words the present petitioners served a notice on M/s. Thomson Press India Limited, Faridabad that their bills for the period 1561984 to 5121984 totalling for a sum of Rs. 2,26,525.51 were outstanding and were not paid despite oral as well as written communications. It appears that it was after receipt of this notice of demand that the General Manager of Thomson Press (India) Ltd. lodged the present FIR on 1111985 and on their complaint the present case under Sections 420/465/471 of the Indian Penal Code was registered at Police Station Central, Faridabad.

Another important and relevant part of this dispute is that the suppliers have instituted a suit for recovery against the Thomson Press (India) Limited, Faridabad and is pending in Delhi High Court and as many as ten issues have been framed on 1571988. The questions for determination before the Delhi High Court are whether the goods were supplied according to the orders and specifications and whether any excess amount was charged by the plaintiff and whether the defendant Thomson Press (India) Limited was entitled to claim adjustment etc. etc. The limited prayer in this petition is that the proceedings in the Court of Chief Judicial Magistrate, Faridabad which have arisen out of FIR No. 9 of 1111985 of Police Station, Central, Faridabad be stayed during the pendency of the aforesaid civil suit in Delhi High Court.

In a reply filed on behalf of Thomson Press (India) Limited, Faridabad it has been averred that prosecution launched and pending before the Chief Judicial Magistrate, Faridabad concerns only with the criminal liability. It has also been, averred that the trial Magistrate has observed that there was enough material to go on with the trial and the accused shall have an appropriate opportunity to defend themselves. It has a so been averred that though the market rate of was Rs. 2318.30 per barrel but the quotation was accepted at the rate of Rs. 2830/ per barrel and the complainant suffered a loss Rs. 539/ per barrel.

After perusal of the petition, its reply and hearing the learned counsel for the parties it is clear that a civil suit is pending inter se the parties in Delhi High Court and besides this the lodging of the FIR at Faridabad resulted in the presentation of a challan and further proceedings such as framing of the charge and recording of some of the evidence as well. In M/s. Karamchand Ganga Pershad v. Union of India and others, AIR 1971 SC 1244, it was observed that it was a well established principle of law that the decisions of the civil Court were binding on the criminal Court and converse is not true. In Kahla Singh v. State of Punjab and ors., 1986(2) Recent C.R. 564, it was observed that if the subject matter of the suit and the criminal case is the same it would be expedient to stay the criminal proceedings to save the embarrassment to the petitioner. Not withstanding that the decision of the civil suit will yet take considerable time, in the circumstances of the case the present petition is accepted and the proceedings in the Criminal Court at Faridabad are hereby stayed. The trial Court at Faridabad be informed.

JUDGMENT accordingly.