The decision of a civil court is relevant in a criminal trial but is not proof of the charges levelled against the accused, which must be established in accordance with law in the criminal trial.

( 1 ) THIS is an application for stay of hearing of this appeal, since commenced and being continued, on the ground that a criminal trial arising out of the same set of facts or transaction is pending out of the charge sheet, which the applicant came to learn about only in February 2004. This is being opposed by the appellant through Mr. Kapor while supported by Mr. Roy for the respondent. Submission of the respondent/applicant:

( 2 ) MR. Balai Chandra Roy, the learned Advocate General contends that the appeal being a civil proceeding, if continued, would embarrass the criminal trial leading to a compulsion for the applicant to disclose his defence. According to him, the charges to be tried in the criminal proceedings as against the applicant are identical with those, which are at issue in this appeal. A finding on that score in this appeal being a decision of the Civil Court would be binding on the Criminal Court though the converse is not true. On account of pendency of the trial before the Criminal Court the applicant would not be able to disclose material documents to defend his case in this appeal as trained by Mr. Kapoor on behalf of the appellant. He also contends that in fitness of things it is appropriate and desirable that the civil proceedings should await the result of the criminal proceedings. He also relies on the ground of property as well as the question of conflicting decision including the question of binding nature of the decision of the Civil Court on the Criminal Court. He also contends that while deciding the appeal the Civil Court will decide the question of fraud, forgery and conspiracy though in the civil nature and though there is a thin line of distinction in the matter of proof in a criminal trial and those in a civil trial, yet under sections 42 and 43 of the Evidence Act the decision of the Civil Court would be relevant fact and would bind the Criminal Court and, as such hearing of this appeal should be stayed. "2. 1. He relies on the decision in M. S. Sheriff v. State of Madras, AIR 1954 SC 397. Relying on this decision, he contended that the parallel proceedings of the civil and criminal case would embarrass the applicant. This decision was supported on the ground that there is a possibility of conflict of decisions and that the criminal proceedings should be given precedence over the civil proceedings. He then relies on the decision in Tata Oil Mills v. Workmen, AIR 1965 SC 155 to contend that the accused cannot be compelled to disclose his defence in the criminal proceeding by compelling him to participate in the domestic enquiry. He then relies on the decision in M/s. Karamchand v. Union of India, AIR 1971 SC 1244 to contend that the decision of the Civil Court is binding on the Criminal Court. He next relies on the decision in Shanti Kumar Panda v. Shakuntala Devi, (2004)1 SCC 438 for the same proposition that the decision of a Civil Court is binding on a Criminal Court. He next relies on the passage from Sarkar on Evidence, Fifteenth Edition 1999 at page 845 with regard to the proposition of judgment of Criminal Court when relevant and irrelevant in civil cases and vice versa. Lastly, he relies on a decision in Bhaskar Mondal v. UCO Bank, (2002)2 Cal LT 574 (HC) to point out the yardstick where the civil cases should be stayed. On this ground he submits that the hearing of this appeal should remain stayed. He assures that in case the hearing of the appeal remains stayed, his client will not pray for interest for the period during which the hearing would remain stayed. He also contends that the Court may bind his client for expeditious disposal of the criminal cases against him. "submission on behalf of the appellant/opposite party:

( 3 ) MR. Kapoor, the learned counsel for the appellant opposing this application points out that the applicant had made all endeavours to forestall the proceedings of the criminal case and conclusion of the civil case and had initiated writ petit