By this petition under Article 227 of the Constitution of India challenge is made to the order dated 6.5.14 passed by Second ADJ, Gohad, Distt. Bhind. Petitioners' application under Section 151 of CPC has been rejected.
Petitioners had a grievance before the trial Court that though on the one hand recovery suit has been filed, whereas on the other proceeding under Section 138 of the Electricity Act is also pending consideration, and therefore, both the proceedings cannot go together. The trial Court has rejected the aforesaid contention on the premise that suit filed for recovery of money is a dispute of civil nature and has no correlation with the criminal liability pending decision in the proceedings under Section 138 of the Electricity Act. Both the proceedings neither can be clubbed, nor can be subject to stay for pending decision of the other under Section 10 of CPC. In absence of any provision in that behalf, the trial Court has rejected the application.
Learned counsel for the petitioner has cited one judgment of the Supreme Court in the matter of M.S Sheriff v. State of Madras, AIR 1954 SC 397.
Having gone through the aforesaid judgment, I am of the view that facts of the case are distinguishable in nature and therefore ratio of the aforesaid judgment cannot be applied to the case in hand.
There is no scope for any prejudice or embarrassment caused to either of the parties if both the proceedings go simultaneously.
In view of the above, petition sans merits and is hereby dismissed.