ORDER :

1. I have heard the arguments of the petitioner’s counsel and respondent’s counsel though represented, did not choose to appear and argue the case inspite of several opportunities given to the counsel.

2. The petitioner by invoking writ jurisdiction under Articles 226 and 227 of the Constitution of India r/w Section 482 of Cr.P.C. has sought the writ of certiorari or direction or order quashing the order dated 13/8/2009 and further the entire proceedings in CC No.1633/2009 pending on the file of the J.M.F.C. IV Court, Belagavi, and issue any other writ or directions to meet the ends of justice.

3. The petitioner in the writ petition mainly contended that filing of two parallel proceedings in respect of same transaction before the two different forum is an abuse of process of law. The contention that proceedings in CC No.1633/2009 is hit by the principals of Doctrine of Double Jeopardy, collateral estoppels, Res-judicata, rule of promissory estoppels, etc. The other contention that the respondent has availed civil remedy as per law by filing Arbitration case No. ARB/BGM/LOK/CAMP/469/2009 and obtained the award and filing of criminal case amounts to abuse of process. The other c