bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2288 OF 2007 PETITION NO. 2288 OF 2007 PETITION NO. 2288 OF 2007 ALONGWITH WRIT PETITION NO. 2289 OF 2007 Khade Metal Industries ... Petitioner v/s 1. Jamiyatrai Isardas Lalwani 2. State of Maharashtra ... Respondents Mr.Umesh Mankumre for the petitioner. Mr.Machindra Deshmukh for the respondent No.1. Smt.A.A.Mane, A.P.P. for the respondent No.2 State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 10TH JUNE, 2008 10TH JUNE, 2008 10TH JUNE, 2008 P.C. P.C. P.C.: 1. The petitions have been filed for staying the proceedings before the J.M.F.C. Sangli in Criminal Case No.489 of 2004 and 490 of 2004. The contention raised is that, summary suits were filed in respect of the same cheques by the complainant which are pending before the Court. It is submitted that both the proceedings continued sumultaneously. The petitioner accused would be liable to divulge his defence in the civil suits which would jeopardise his interest in the criminal trial. 2 2. The submissions made on behalf of the petitioner cannot be accepted. The civil suits would decide the civil liability between the parties whereas the criminal proceedings would take care of the question as to whether the petitioner is guilty of having committed an offence under Section 138 of the Negotiable Instruments Act. This is a well settled position of law which has been reiterated by the Supreme Court in the case of State State State of Rajasthan v/s Kalyan Sundaram Cement Industries of Rajasthan v/s Kalyan Sundaram Cement Industries of Rajasthan v/s Kalyan Sundaram Cement Industries Ltd. Ltd. Ltd. & ors., reported in (1996) 3 SCC 87 & ors., reported in (1996) 3 SCC 87 & ors., reported in (1996) 3 SCC 87 and by the learned Single Judge of this Court (Patankar, J.) in the case of Satishkumar Premchand Jain v/s Krishnagopal Satishkumar Premchand Jain v/s Krishnagopal Satishkumar Premchand Jain v/s Krishnagopal Mohanlal Mohanlal Mohanlal Sarda, reported in 1993 Mh.L.J. 1282. Sarda, reported in 1993 Mh.L.J. 1282. Sarda, reported in 1993 Mh.L.J. 1282. 3. Both petitions rejected.