- (1.) THIS is a frivolous revision petition and amounts to abuse of process of Court. The petitioner was a Cashier of the respondent Corporation. The case of the Corporation was that the petitioner had embezzled about Rs. 8 lakhs while working as a Cashier. She agreed to return the amount and, in fact, returned about Rs. 2,90,635/- and refused to return the balance. The Corporation got an F. I. R. registered against her and the criminal prosecution is pending, and, also filed a civil suit for the recovery of Rs. 6,10,000/ -. When the petitioner got notice of the suit, she filed an application under section 151, Civil Procedure Code, for staying the proceedings in the suit on the ground that criminal proceedings and civil proceedings cannot go on simultaneously and relied upon A. I. R. 1988 S. C. 2118,1,. The trial Court did not agree with the contentions of the petitioner and dismissed the application with a well reasoned order dated 16th November 1989. This revision petition is against the aforesaid order.
(2.) THE facts of the case relied upon before the trial Court are wholly inapplicable to the facts of the present case. Therein it was held that in certain circumstances, while criminal prosecution is pending it may not be justifiable to simultaneously take departmental proceedings. Here the Corporation is not taking any departmental proceedings but has filed a civil suit. Whether the petitioner is convicted by the criminal court for the offence of embezzlement or not, that will not stand in the way of the Corporation in prosecuting the civil suit for recovery of the aforesaid amount.
(3.) FOR the reasons recorded above, this revision petition is dismissed with costs.;