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2004 Supreme(SC) 1596

D.M.DHARMADHIKARI, Y.K.SABHARWAL
GURCHARAN SINGH – Appellant
Versus
ALLIED MOTORS LTD. – Respondent


ORDER

1. Leave granted.

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

3. The respondents filed a petition under Articles 226 and 227 of the Constitution against the appellant complainants and the Presiding Officer of the Court as Respondent 3, seeking a declaration that the proceedings in Criminal Complaints Nos. 168, 113, 114 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 3, to close the proceedings in the criminal complaints.

4. The impugned order directs that since the subject-matter of the post-dated cheques, on which the complaints are based, was subject-matter of adjudication before the arbitrator and the arbitrator has pronounced the award thereupon and civil proceedings, challen



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