Criminal Misc. No.M-1152 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-1152 of 2008 Date of decision : 28.8.2008 Smt. Manjeet Singh .....Petitioner Versus State of Haryana and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Arvind Bishnoi, Advocate for Mr. R.S.Madan, Advocate for the petitioner Mr. S.S.Mor, Senior Deputy Advocate General, Haryana for the respondent-State. Mr. Ashok Gupta, Advocate for respondent no.2. Mr. Diwan S. Adhalka, Advocate for respondents No. 3 & 8 Mr. G.C.Shahpuri, Advocate for respondernts No. 4 & 5 S. D. ANAND, J. On the own showing of the petitioner, he is facing a prosecution at the hands of the respondent/accused under Section 138 of the Negotiable Instruments Act (hereinafter referred to as “the Act”) on an allegation that a cheque, issued by the former in favour of the latter in lieu of an existing financial liability, had bounced on account of insufficiency of funds. It is also his own averment that a petition for insolvency filed by him is pending consideration in the competent Court of law. In this petition, the petitioner has applied for grant of a Criminal Misc. No.M-1152 of 2008 -2- **** direction to the Magisterial Court to refrain from pronouncing orders in the plea under Section 138 of the Act till the insolvency plea preferred by the petitioner is disposed of. I called upon the learned counsel appearing on behalf of the petitioner to indicate to the Court whether his being pronounced an insolvent would help him in obtaining exoneration from liability in the prosecution under Section 138 of the Act. The query drew a blank in response. Even otherwise, issuance of the direction applied for would not be appropriate or in accord with law. For the foregoing reasons, the petition shall stand dismissed. August 28, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter: Yes/No