TMI Blog2024 (4) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI 862 - SUPREME COURT] , to opine that there is no embargo for a civil court to consider the evidence led in the criminal proceedings. The position as per Premshanker is that sentence and damages would be excluded from the conflict of decisions in civil and criminal jurisdictions of the Courts. Therefore, in the present case, considering that the Court in criminal jurisdiction has imposed both sentence and damages, the ratio of the above-referred decision dictates that the Court in criminal jurisdiction would be bound by the civil Court having declared the cheque, the subject matter of dispute, to be only for the purposes of security. The criminal proceedings resulting from the cheque being returned unrealised due to the closure of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne, 2002 for the said amount from the South Indian Bank, encashment thereof was to be through Canara Bank, Irinjalakuda Branch, to which the cheque was sent through the post with a covering letter dated 24th September, 2002. 4.3 It was dishonoured due to insufficient funds and payments stopped by drawer . The Complainant came to know of such dishonour and issued a notice of demand dated 22nd December, 2002. Accounting for no action on the part of the appellant, the complaint, the subject matter of the instant proceedings, came to be filed. 5. Equally, though, the appellant (accused) had filed Original Suit No.1338 of 2002. The five parties impleaded as defendants were, (i) K.P. Bhaskara Menon; (ii) K.P. Vipinendra Kumar 2nd defendant ; (iii ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs.2 lakhs in default whereof, he was to undergo further simple imprisonment for six months. The determination of the issues, i.e., whether the decree passed by the Munsif Court would be binding on it, is of note. It was observed that a Court exercising jurisdiction on the criminal side is not subordinate to the Civil Court. Further, it was held That order was an ex-parte order as far as criminal complaint is concerned the order of injunction issued cannot be granted and the hands of the criminal court cannot be fettered by the civil court . 6.2 The First Appellate Court framed primarily one point for consideration whether the cheque was issued against a legally enforceable debt, thereby attracting the offence under Section 138 of the N.I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er: 26. It is, however, significant to notice a decision of this Court in Karam Chand Ganga Prasad v. Union of India (1970) 3 SCC 694, wherein it was categorically held that the decisions of the civil court will be binding on the criminal courts but the converse is not true, was overruled therein This Court in Satish Chander Ahuja vs. Sneha Ahuja (2021) 1 SCC 414 considered a numerous precedents, including Premshanker (supra) and Vishnu Dutt Sharma (supra), to opine that there is no embargo for a civil court to consider the evidence led in the criminal proceedings. The issue has been laid to rest by a Constitution Bench of this Court in Iqbal Singh Marwah vs. Meenakshi Marwah (2005) 4 SCC 370 : 32. Coming to the last contention that an effo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cept for certain limited purposes, such as sentence or damages. The only relevant consideration here is the likelihood of embarrassment. 16. Another factor which weighs with us is that a civil suit often drags on for years and it is undesirable that a criminal prosecution should wait till everybody concerned has forgotten all about the crime. The public interests demand that criminal justice should be swift and sure; that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Another reason is that it is undesirable to let things slide till memories have grown too dim to trust. This, however, is not a hard-and-fast ..... X X X X Extracts X X X X X X X X Extracts X X X X
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