JANAK DOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner has challenged the Order of the learned Special Judge, Designated Court for BBC, dismissing the Petitioner's Revision Application by which the Petitioner had prayed that the proceedings under Section 138 of the Negotiable Instruments Act against him should be stayed in view of the pending arbitration proceeding. In short, the Petitioner's case before the Revisional Court was that the Petitioner has filed a counter claim in the arbitration proceedings which are initiated by the Respondents and if the counter claim is allowed, the Petitioner's liability would be nullified and therefore the reason for issuing dishonoured cheque would also disappear; as a result the Petitioner will become immune from the prosecution under Section 138 of the Negotiable Instruments Act.

(2.) THE learned Revisional Court applied the observations of the Supreme Court in the case of M/s. Sri Krishna Agencies vs. State of A.P. & Anr. (2009 ALL MR (Cri) 266 S.C.), where Their Lordships have observed that two kinds of proceedings are quite different from each other and the liability arising out of the dishonour of cheque does not arise from any civil liability under any agreement between the parties. In the result, the Revisional Court has dismissed the Revision Application.