P SRIDHAR Vs. T SHANKAR

JUDGEMENT

(1.) This revision is directed against the order passed by the IV Additional Metropolitan Sessions Judge, Hyderabad, whereby the order passed by the trying Magistrate has been set aside and the proceedings have been ordered to be stayed.

(2.) The facts of the case lie in a very narrow compass. The petitioner laid a complaint against the 1st respondent-accused under Sec.138 of the Negotiable Instruments Act. Pending trial, the 1st respondent filed an application for staying the proceedings on the ground that 4 days prior to the issuance of the alleged cheque, he had filed an application which was registered as I.P. No.17/93 in the Court of the Additional Judge, City Small Causes, Court, Hyderabad, for adjudicating him as insolvent and has also shown the petitioner as one of the creditors in the insolvency proceedings. The trying Magistrate rejected the application.

(3.) Feeling aggrieved by the impugned order of rejection of the petition, the 1st respondent preferred a revision. The revisional Court stayed further proceedings on the ground that the petitioner has been added as one of the respondents in the solvency proceedings and, therefore, the criminal case filed by the petitioner against the 1st respondent under Section 138 of the Negotiable Instruments Act cannot be proceeded with till the disposal of the insolvency proceedings.