PETRO 6 ENGINEERING Vs. NEW LAXMI ENGINEERING

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on record.

(2.) The misc. petition 5192/2019 has been preferred by the petitioner accused Petro 6 Engineering And Construction Private Limited under Section 482 Cr.P.C. seeking quashing of the order dated 31.08.2019 passed by the Special Metropolitan Magistrate, (N.I. Act Cases) No.7, Jodhpur Metropolitan, Jodhpur whereby, the learned trial court rejected the application filed on behalf of the petitioner to keep the criminal proceedings under Section 138 of the N.I. Act in abeyance pending the so called determination by an Arbitrator of the existence of a legally enforceable debt against the petitioner. The misc. petition No.3019/2018 has been preferred by the petitioners seeking quashing of proceedings of the Criminal Complaint Case No.1971/2018 pending before the Special Metropolitan Magistrate, (N.I. Act Cases) No.7, Jodhpur Metropolitan, Jodhpur.

(3.) Since both the petitions arise out of the same complaint, the same are being decided together.