SBCWP No.7949/2008 Deepak Kumar Vs. Sampat Kumar 1 SBCWP No.7949/2008 Deepak Kumar Vs. Sampat Kumar DATE OF ORDER : - 1.4.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. DLR Vyas, for the petitioner. Mr. CP Soni, for the respondent. <><><> Heard learned counsel for the petitioner. The petitioner has challenged the order dated 14.8.2008 by which the petitioner's application for staying the suit proceedings of the civil suit for recovery of the amount has been rejected by the trial court. The stay of civil suit's proceedings has been sought only on ground that plaintiff himself filed one criminal complaint under section 138 of the Negotiable Instrument Act against the defendant and defendant cannot be compelled to disclose his defence. Obviously it may be contention of the petitioner that in case, the petitioner will lead the evidence in the suit, his criminal case may be prejudiced. This plea is not available to the petitioner as he has already filed the written statement and, thereafter, he has already cross-examined SBCWP No.7949/2008 Deepak Kumar Vs. Sampat Kumar 2 the plaintiff. In view of the above, the writ petition is absolutely frivolous and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-