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SUPREME COURT OF INDIA
B.P. Singh, Arun Kumar, JJ.
Institute of Chartered Accountants of India - Appellant
Versus
Association of Chartered Certified Accountants and others - Respondents
Criminal Appeal No. 310 of 2005 (Arising out of SLP (Crl.) No. 4084 of 2004)
Decided On : 14-02-2005
Order : Impugned Order - Stay of Criminal Proceedings - The court set aside the order of the High Court staying the criminal proceedings pending disposal of a civil suit, and remitted the matter to the High Court for disposal of the revision in accordance with law.
Fact of the Case:
The petitioner challenged the order of the High Court staying the criminal proceedings pending disposal of a civil suit, based on a statement made by the respondent's counsel.
Finding of the Court:
The court set aside the impugned order of the High Court and remitted the matter for disposal in accordance with law.
Issues: Impugned order of stay in criminal proceedings, statement made by respondent's counsel, setting aside the order.
Ratio Decidendi: The court found that the order of stay in the criminal proceedings was based on a statement made by the respondent's counsel, and upon concession by the respondent's counsel, the order was set aside.
Final Decision: The appeal was allowed, and the impugned order of the High Court was set aside, remitting the matter for disposal in accordance with law.
ORDER :
Heard counsel for the parties.
2. Leave granted.
3. The petitioner has impugned the order of High Court dated 8-3-2004 whereby the proceeding in the complaint case was stayed pending disposal of the civil suit. It appears that the aforesaid order was passed on a statement said to have been made by counsel for the respondent herein that he would plead guilty in the criminal case if in the pending suit injunction was granted.
4. The petitioner has impugned the aforesaid order of the High Court and counsel for the respondent concedes that the order be set aside. In these circumstances the impugned judgment and order of the High Court is set aside and the matter is remitted to the High Court to dispose of the impugned revision in accordance with law.
5. The appeal is allowed.
Appeal allowed.
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