https://www.taxtmi.com/caselaws?id=374570 Proceedings under Section 138 of the Negotiable Instruments Act should not be stayed merely because a separate FIR-based criminal case involving the same parties is pending. The court held that the accused's claim that the cheque had not come into the complainant's hands legitimately was a defence to be proved in the cheque dishonour case, and that possible prejudice from the connected case did not justify halting the complaint. The revisional court's stay was therefore unsustainable, and the complaint proceedings were directed to continue. en-us Mon, 28 Jan 2019 00:00:00 +0530 Tue, 05 Feb 2019 06:11:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=374570 Proceedings under Section 138 of the Negotiable Instruments Act should not be stayed merely because a separate FIR-based criminal case involving the same parties is pending. The court held that the accused's claim that the cheque had not come into the complainant's hands legitimately was a defence to be proved in the cheque dishonour case, and that possible prejudice from the connected case did not justify halting the complaint. The revisional court's stay was therefore unsustainable, and the complaint proceedings were directed to continue. Case-Laws Indian Laws Mon, 28 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=374570