TaxTMI 
TaxTMI 
2008 (3) TMI 736
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....y the respondent. The learned Trial Judge, however, dismissed the said suit by an order dated 29.04.2006 inter alia opining: "45. Therefore, in the circumstances I find that there is no evidence produced by the plaintiff which is sufficient to outweigh the opinion and the evidence of D.W.4. Further it is to be seen that though after execution of Ex. A.15 he came to know about huge debts by defendant under the said mortgage deeds, taxes dues and other statutory liabilities and that defendant were not cooperating and adopted evasive attitude in clearing the debts, dues and other liabilities and were not allowing him to discharge the mortgage debt to the Union Bank of India, he kept quite till filing of the suit, without even issuing a notice to the defendant. Even if he was in possession as claimed by him with effect from the date of Ex.A.15, in view of the huge debts and liabilities, which to his knowledge the defendant was not in a position to discharge and not making any efforts to discharge the same he would not have kept quite in the normal circumstances without issuing any notice to the defendant. Thus there is no mention about this Ex.A.15 dated 18.09.2002 in the writ....
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....eration of the said judgment was filed. A Division Bench of the High Court by a judgment and order dated 24.05.2006 directed: "Going by the principle that an appeal is a continuation of the suit and the state of affairs obtaining during the pendency of the suit must be continued, as far as possible, during the appeal also, we grant an interim direction to the effect that the petitioner shall be entitled to remain in possession of the suit schedule theatre, subject to the condition that it shall deposit a sum of Rs. 30,000/- (Rupees thirty thousand only) per month, commencing from June 2006, until further orders. It shall also be open to the respondent to withdraw the amount without furnishing any security." 6. Respondent filed Miscellaneous Petition in the said appeal, being ASMP No. 995 of 2006, for modification of the order dated 24.05.2006, which was allowed by an order dated 17.07.2006. 7. By another order dated 17.07.2006, the High Court stayed the proceedings in Crime No. 79 of 2006. 8. Appellant is, thus, before us. 9. Mr. V.R. Reddy, learned Senior Counsel appearing on behalf of the appellant in Civil Appeal arising out of SLP (C) No. 15670 of 2006, wou....
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....osecution, either at the instance of a private party or the police until the court, where the document has been filed, itself chooses to file a complaint. The litigation may be a prolonged one due to which the actual trial of such a person may be delayed indefinitely. Such an interpretation would be highly detrimental to the interest of the society at large. 26. Judicial notice can be taken of the fact that the courts are normally reluctant to direct filing of a criminal complaint and such a course is rarely adopted. It will not be fair and proper to give an interpretation which leads to a situation where a person alleged to have committed an offence of the type enumerated in clause ( b )( ii ) is either not placed for trial on account of non- filing of a complaint or if a complaint is filed, the same does not come to its logical end. Judging from such an angle will be in consonance with the principle that an unworkable or impracticable result should be avoided. In Statutory Interpretation by Francis Bennion (3rd Edn.), para 313, the principle has been stated in the following manner: "The court seeks to avoid a construction of an enactment that produces an unworka....
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.... is the subject-matter of these criminal proceedings is also the subject-matter of the civil suit pending in the civil court. The question as to possession over the property or entitlement to possession would be determined by the civil court. The criminal proceedings have remained pending for about a decade. We do not find any propriety behind allowing these proceedings to continue in view of the parties having already approached the civil court. Whichever way proceedings under Section 145 CrPC may terminate, the order of the criminal court would always be subject to decision by the civil court. Inasmuch as the parties are already before the civil court, we deem it proper to let the civil suit be decided and therein appropriate interim order be passed taking care of the grievances of the parties by making such arrangement as may remain in operation during the hearing of the civil suit." It was furthermore observed: "7. We have simply noted the contentions raised by the parties. The civil court, in our opinion, would be the most appropriate forum to take care of such grievances and pass such interim order as would reasonably protect the interests of both the parties. The....