A money suit cannot be stayed pending the disposal of a criminal case on the same subject matter unless the conditions for a stay under Section 10, C.P.C. are satisfied.

ORDER:-This civil revision has been preferred by the petitioner who is the defendant No. 2 in Money Suit No. 178 / 91 and also the accused No. 2 in case No. 351 c / 91 filed by the opposite party against the three accused persons including the present revision petitioner; for stay of the proceeding in the about mentioned Money suit till disposal of the above mentioned criminal case.

2. Before considering this petition a back drop of both the cases has to be given which led to filing of both the Money suit as well as the criminal case.

3. A complaint case being case No. 351 c/ 91 had been instituted against the petitioner alongwith the others namely accused No. 1 Sri Satyajit Kr Barua and accused No. 3 Girish Ch Thakuria under Sections 403 / 406 / 408/ 417/ 418/ 420/ 424/ 477A/511 read with Section 120B, I.P.C. by the opposite party. The allegation in the complaint case was that the offence was committed during the period from 16-7-1984 to 30-4-1988 and during this period the accused persons, in pursuance of a conspiracy committed misappropriation of the complainants fund to the tune of Rs.13,04,014.46/-. One of the accused, namely, accused No. 1 Satyajit Kr Barua approached this court for quashing the proceeding of the said complaint case and also for setting the orders dated 10-3-1993 and 23-3-1993 by which an application under Section 306, Cr.P.C., praying for pardon by accused No. 3 Sri Girish Thakuria has been allowed by the trial court. Notice of motion was issued by this court on 26-8-1993 with an interim stay order of the proceedings in the said complaint case which is pending for admission.

4. The complainant opposite party as plaintiff also filed Money suit No.178/91 against the petitioner and two other accused persons as defendant for a decree of realisation/recovery of an amount Rupees 27,86,593.61/- and out of this amount the respondent plaintiff, claimed an amount of Rs.13,04,014.46/- as principal amount and Rs.14,82,576.15/- as interest at the rate of 19% per month on the principal amount.

5. The above mentioned criminal case is pending for trial. But proceedings has been stayed in interim by this court in view of the notice of motion issued to the opposite party by order dated 28-6-1993 in Crl. Rvn. No. 275/93 which has been preferred by the accused No. 1 Sri Satyajit Kr Barua. Though the respondent made appearance through counsel, matter has not come for admission and consequently criminal proceeding has been kept in abeyance. The Money suit was filed at about same, complaint case was filed on 8-3-1991 (5-3-1991). Again the 2nd accused as defendant No. 2 in the Money suit has filed this revision petition to stay the Money suit pending in the court of Assistant District Judge No. 1 by an application under Section 151, C. P. C. in view of the pendency of the criminal case, till disposal of the Money suit.

6. The main point of submission of Mr. Agarwal, learned counsel for the petitioner war that the Money suit No.178/91 and the complaint case No. 351 c/91 are between the same parties and the issues involved in the Money suit are directly and substantially in issue in the complaint case; that the petitioner defendant would be completely prejudiced and embarassed if the petitioner has to file the written statements before conclusion of the trial of the criminal case pending against him as the petitioner has to disclose his defence in the written statement which he is going to take in the criminal proceeding. This plea was taken before the trial court in the said Money suit while the above mentioned petition was agitated and the trial court by its impugned order rejected the petition on the ground that in view of the stay order in case No. 351 c/91 stay of the proceeding in Money suit is not sustainable. As the complaint case was pending for admission I decided to hear the same alongwith this civil revision and to dispose of both the criminal revision No. 275 / 93 and the Civil Revision No.169/94 together. Ac