Jaspal Singh - (1.)In 1987 the Central Bank of India instituted a civil suit against M/s. Naseeb Enterprises. Col. Charanjiv Partap Ahluwalia and others for the recovery of Rs. 1,07.64,473.59 P. That suit bears No. 349 of 1987. That matter is still pending disposal. After the institution of that civil suit the Bank lodged a complaint with the police on the same facts as alleged in the suit leading to the registration of case F.I.R. No. 265 of 1988 u/Ss. 466/420 against Charanjiv Partap Ahluwalia and Abha Ahluwalia. It may be noticed that Abha Ahluwalia is deft. No. 3 in the said civil suit. Consequent upon the registration of the case Charanjiv and Abha moved this Crl. M (M) No. 141 of 1990 praying for quashing of the FIR and the proceedings alleging that since the dispute was civil in nature and since the suit on same facts was already pending with regard to the recovery of the amount in question the criminal proceedings were an abuse of the process of the court.
(2.)Though the petition was initially against the State, later the Central Bank was also made a party. Unfortunately, despite the matter being on Board none has put in appearance on behalf of the Bank or on behalf of the State. On the last date of hearing i e. 5.1.96 also none was present on their behalf.
(3.)As already noticed above, the petitioners are seeking quashing of the F.I.R. and the proceedings. However, now it has been prayed before me that the criminal proceedings should be stayed till the disposal of the civil suit and that consequently the relief asked for may be moulded.