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    <title>1999 (2) TMI 706 - MADRAS HIGH COURT</title>
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    <description>Pendency of insolvency proceedings does not bar a complaint under Section 138 of the Negotiable Instruments Act, because the protection under the Provincial Insolvency Act is confined to civil detention and civil arrest and does not extinguish criminal liability for cheque dishonour; the complaint was therefore maintainable. In a summons case, an application for discharge filed after prosecution evidence had been recorded was not maintainable, and the trial court was justified in refusing to terminate the proceedings. The challenge to the trial court order accordingly failed, and the criminal trial was directed to continue.</description>
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    <pubDate>Wed, 03 Feb 1999 00:00:00 +0530</pubDate>
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      <title>1999 (2) TMI 706 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=287866</link>
      <description>Pendency of insolvency proceedings does not bar a complaint under Section 138 of the Negotiable Instruments Act, because the protection under the Provincial Insolvency Act is confined to civil detention and civil arrest and does not extinguish criminal liability for cheque dishonour; the complaint was therefore maintainable. In a summons case, an application for discharge filed after prosecution evidence had been recorded was not maintainable, and the trial court was justified in refusing to terminate the proceedings. The challenge to the trial court order accordingly failed, and the criminal trial was directed to continue.</description>
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      <pubDate>Wed, 03 Feb 1999 00:00:00 +0530</pubDate>
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