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HC upheld trial court's rejection of petition under s.210 CrPC seeking stay of proceedings under s.138 NI Act. While CID Case No.03/2017 involving misappropriation of Rs.1.36 crores was previously quashed, the current complaint pertains to dishonor of cheque worth Rs.81 lakhs. Court found subject matters distinct and unrelated - misappropriation allegations versus cheque dishonor. Previously quashed CID case cannot form basis for staying present proceedings. Alternative prayer for quashing entire criminal proceedings under s.482 CrPC also rejected as Trial Court committed no irregularity in rejecting stay application. Order dated 12.10.2018 in CR Case No.3204/2017 upheld, finding no grounds for interference.
HC upheld trial court's rejection of petition under s.210 CrPC seeking stay of proceedings under s.138 NI Act. While CID Case No.03/2017 involving misappropriation of Rs.1.36 crores was previously quashed, the current complaint pertains to dishonor of cheque worth Rs.81 lakhs. Court found subject matters distinct and unrelated - misappropriation allegations versus cheque dishonor. Previously quashed CID case cannot form basis for staying present proceedings. Alternative prayer for quashing entire criminal proceedings under s.482 CrPC also rejected as Trial Court committed no irregularity in rejecting stay application. Order dated 12.10.2018 in CR Case No.3204/2017 upheld, finding no grounds for interference.
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