Cheat dishonour proceedings remain independent of parallel criminal complaints, and Section 482 CrPC stay is reserved for exceptional cases.

Proceedings under Section 138 of the Negotiable Instruments Act are independent of parallel criminal complaints and FIRs arising from the same business transaction, so they are not ordinarily stayed under Section 482 CrPC. The High Court noted that the cheque dishonour prosecution addresses a distinct statutory wrong, while allegations of fraud under the IPC proceed in a separate field. Section 482 relief remains exceptional and is available only to prevent abuse of process or secure the ends of justice. Because the cheques and signatures were admitted, the existence of counter-cases did not justify suspension of the cheque dishonour trial, and the stay request was rejected.

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Issues: Whether proceedings under Section 138 of the Negotiable Instruments Act, 1881 could be stayed under Section 482 of the Code of Criminal Procedure, 1973 pending adjudication of criminal proceedings and FIRs initiated by the accused against the complainant.

Analysis: The proceedings under Section 138 of the Negotiable Instruments Act, 1881 and the criminal allegations under the Indian Penal Code operate in different fields. Section 138 proceedings are intended to address dishonour of cheques and are not rendered dependent on the outcome of parallel criminal proceedings arising from the same business transaction. The extraordinary power under Section 482 of the Code of Criminal Procedure, 1973 is to be exercised sparingly and only to prevent abuse of process or to secure the ends of justice. The existence of FIRs and disputes regarding alleged fraud did not furnish a cogent basis to suspend the cheque dishonour trials, particularly where issuance of the cheques and signatures were admitted.

Conclusion: The prayer for stay of the Section 138 proceedings was rejected.

Final Conclusion: Parallel criminal complaints by the accused did not justify suspension of the cheque dishonour cases, and the proceedings under Section 138 were permitted to continue.

Ratio Decidendi: A cheque dishonour prosecution cannot ordinarily be stayed merely because the accused has initiated separate criminal proceedings on the underlying transaction, since both matters are independent and Section 482 jurisdiction is reserved for exceptional cases.

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