1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 522 OF 2009 Shashikumar Purushottamdas Mohta & Ano. Vs. Ghanshyamdas Gopaldas Mohta Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri R. R. Shrivastava Adv. for petitioner. Shri M. G. Sarda Adv. for respondents. CORAM: C. L. PANGARKAR J. Dated: 8 st APRIL, 2009. Heard counsel for the petitioner as well as respondent. This Writ petition has been filed against the order passed by Civil Judge Senior Division Akola whereby he rejected the application under Section 10 of the Civil Procedure Code. Application under Section 10 was filed on the ground that the defendant has already filed a criminal complaint case in respect 2 of the same cheque in respect of which Civil Suit has been filed. Criminal Complaint case is under Section 138 of the Negotiable Instrument Act. Learned Judge of the trial Court has rightly rejected the application under Section 10 since the other proceeding is a criminal complaint case and not a civil suit. There is no reason to interfere with this order. In the circumstances, there is no substance in the writ petition, however petitioner would always be at liberty to move an application under Section 151 Civil Procedure Code to stay the civil suit. Trial Court may consider such application as and when filed on its merits including maintainability of the application under Section 151 of Civil Procedure Code. Petition stands disposed of. JUDGE svk