LAWS(SC)-2004-12-22

GURACHARAN SINGH Vs. ALLIED MOTORS LTD

Decided On December 17, 2004
GURACHARAN SINGH Appellant
V/S
ALLIED MOTORS LTD Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The High Court, by the impugned order, has stayed the proceedings initiated by the appellants against respondents under s. 138 of the Negotiable Instruments Act pertaining to eight cheques, till the completion of civil proceedings between the parties.

(3.) Respondents filed a petition under arts. 226 and 227 of the Constitution of india against the complainants/appellants and the Presiding Officer of the Court as respondent No. 3, seeking a declaration that the proceedings in Criminal Complaint Nos. 168 of 2002, 113 of 2002, 114 of 2002 and 128 of 2002, initiated by the complainants against them pending in the Criminal Court, are not maintainable and the same cannot be continued in view of the award having been made in Civil Proceedings in favour of the accused. Further direction sought was against the appellants to withdraw those complaints and against respondent No. 3, to close the proceedings in the criminal complaints.