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1995 Supreme(Ker) 160

P.K.BALASUBRAMANYAN
Mathew – Appellant
Versus
Sony Cyriac – Respondent


Judgment :-

These revisions arc by the defendants in two suits. According to the plaintiffs, the defendants had issued them cheques which were dishonoured on presentment. The plaintiffs had eartier initiated proceedings under S.138 of the Negotiable Instruments Act on the basis thai the defendants have committed offences within the meaning of that Act. Suits were subsequently filed for recovery of the amounts due under the

cheques. On entering appearance in the suits, respective defendants tiled applications under S.151 of the Code of Civil Procedure praying that the suits be stayed pending the criminal cases filed against them. Their contention was that if they were compelled to disclose their defence in the suits, they will be prejudiced in defending the prosecutions against them and consequently the civil court ought to stay the suits. They relied on Art.20(3) of the Constitution of India. The plaintiffs resisted the prayers for stay. They contended that the fact that prosecutions have been launched against the defendants is no ground to stay the civil suits based on the dishonour of the cheques and that there would be no violation of any of the rights of the defendants either u










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