Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 561-A-Stay of criminal proceedings pending civil suit-High Court competent to order under S. 561-A-Exercise of jurisdiction will depend, however, on facts of each case-Criminal case under Ss. 379 & 420, P. P. C. in respect of a cheque alleged to have been stolen-­Civil suit by opposite party claiming that cheque was properly drawn in his favour for valuable consideration-Sole question thus requiring determination in Civil and Criminal Courts : Whether cheque in favour of one party was drawn by the other for valuable consideration-Criminal proceedings, held, rightly stayed by High Court particularly where plea that civil suit was merely a counterblast had little force. State v. Ilahi Bakhsh P L D 1965 Kar. 231; Mansharam Madhavadas v. Chetanram Rupchard and others A I R 1945 Sind 32 ; Panna Lal v. Emperor A I R 1943 All. 14; Shatrunjaya Singh v. D. S. Saxena A I R 1943 Oudh 184 ; Faiz Muhammad v. Abbas Jaffar A I R 1935 Sind 87 and Muhammad Akbar v. State P L D 1968 S C 281 ref. Muhammad Ashraf Chaudhri, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Attorney for Appellant. Khalilur Rahman Khan, Advocate Supreme Court instructed by Salim Ahmad Malik, Attorney for Respondent No. 1. Abdus Samad Hashmi, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Dates of hearing : 27th and 28th November 1968. JUDGMENT MUHAMMAD YAQUB ALI, J.-The question raised in this appeal from the order of a learned Judge of the High Court of West Pakistan at Lahore is whether the High Court may under section 561-A of the Code of Criminal Procedure stay proceedings in a criminal matter merely because a civil suit involving the same question of fact and law in dispute has also been instituted. The facts are these : On the 5th April 1966, the respondent presented through his Bankers cheque No. 81516 in the sum of Rs. 1,60,000 drawn in his favour by the appellant on the Pak Bank Limited, Rawalpindi. Payment was, however, refused as the appellant had earlier reported the loss of the cheque and stopped its payment. On the 11th April 1966, the respondent issued a notice to the appellant threatening legal…

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