1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7266 OF 2010 IN FIRST APPEAL NO. 512 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V. GANGAPURWALA, J. DATE : 08/10/2010 PER COURT : 1. This is an application filed by the respondent in Appeal and original plaintiff. The Suit of the present applicant for recovery has been decreed. Against the said Judgment and Decree, the defendant has preferred Appeal. The First Appeal has been admitted and stay to the impugned Judgment and Decree is granted after hearing the learned counsel for the respondent i.e. original plaintiff. 2. Mr. Dighe, the learned counsel for the applicant states that after the said order is passed, there are subsequent developments. The present applicant had filed proceedings U/s 138 of the Negotiable Instruments Act and the present non 2 applicant has been convicted. The Judicial Magistrate ( First Class), who has convicted the accused, has not granted the compensation only on the ground that the Suit is decreed. According to Mr. Dighe, in light of that, the non applicant deserves to be directed to deposit the amount. 3. Mr. Dighe fairly concedes that the initial order which is passed by this Court staying the execution of the impugned Judgment and Decree, is passed after hearing the parties. In such circumstances, it would not be appropriate to interfere with the said order only on the count that the Judicial Magistrate ( First Class) dealing with the criminal complaint has not awarded the compensation amount. The findings of the Criminal Court would be of no avail as far as the present civil proceedings are concerned. 4. In light of the same, the present Civil Application is disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 7266.10 in FA 512.2008