AIR 2009 SUPREME COURT 2463 ::2009 AIR SCW 4587 ::(2009) 1 CLR 1072 (SC) ::(2009) 108 RevDec 145 ::(2009) 1 WLC(SC)CVL 733 ::(2010) 1 CivilCourtC 305 ::(2009) 2 All RentCas 509 ::2009 (11) SCC 545 ::(2009) 5 Scale 527 ::(2009) 75 All LR 658 ::2009 (5) MadLJ992 ::(2009) 4 Raj LW 3579 ::(2009) 77 AllIndCas 17 (SC) ::2009 (77) AllIndCas 17 ::(2009) 4 All WC 3673

Supreme Court Of India

(From : 2008 (1) MPLJ 532)

Hon'ble Judge(s): Satya Brata Sinha, Mukundakam Sharma , JJ

(A) Evidence Act (1 of 1872) , S.43, S.78— Judgment of criminal Court - Not admissible in civil suit - Admission made by a party in previous criminal proceedings - Is however admissible in subsequent civil proceedings. Save and except for Section 43 of the Indian Evidence Act which refers to Sections 40, 41 and 42 thereof, a judgment of a criminal Court shall not be admissible in a civil suit. What, however, would be admissible is the admission made by a party in a previous proceeding. In the instant case the respondent filed a civil suit against the appellant for recovery of certain items of jewellery allegedly pledged with him for the purpose of obtaining loan. On the premise that the appellant had violated the provisions of the Madhya Pradesh Money Lenders Act, 1934 in relation to the aforementioned grant of loan, a criminal proceeding was initiated against him. In the said criminal case, he admitted his guilt. A fine was imposed on him. The admission of the appellant was recorded in writing. While he was deposing in the suit, he was confronted with the question as to whether he had admitted his guilt and pleaded guilty of the charges framed. He did so. Held that the appellant having accepted that he had made an admission in the criminal case, the same was admissible in evidence. He could have resiled therefrom or explained a....