: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.3943 OF 2005 OF MOTION NO.3943 OF 2005 OF MOTION NO.3943 OF 2005 IN IN IN SUIT SUIT SUIT NO.3319 OF 2005 NO.3319 OF 2005 NO.3319 OF 2005 Vinod Shah ...Plaintiff V/s. Rajat Kejriwal & Ors. ...Defendants Mr.Chirag Balsara, Advocate, i/b. Divya Shah & Associates, for the Plaintiff. None for the Defendants. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 11TH AUGUST, 2008. : 11TH AUGUST, 2008. : 11TH AUGUST, 2008. P.C.: P.C.: P.C.: . The Plaintiff has filed this Suit for declaration that certain cheques which were handed over to the Defendants as collateral security for a loan transaction are now without consideration etc. The Plaintiff asserted that the loan is repaid fully and yet the cheques were not returned. The Plaintiff also admitted that all the suit cheques were sent for collection but due to insufficient funds in the account of the Plaintiff, they failed. 2. The Plaintiff further admitted that the : 2 : Defendants have started criminal prosecution and the five criminal cases are at the moment pending and the Plaintiff is defending them. After filing of the criminal cases, the present Suit came to be filed for the declaration etc. as aforesaid. 3. This Notice of Motion is taken out to prevent the Defendants from utilizing the suit cheques. I am afraid, the prayer in the Notice of Motion is rather infructuous because the cheques were already used and the criminal cases are now filed on the basis of the same. This Court cannot stop the criminal prosecution. The Plaintiff is not prevented from defending the cases. If the Plaintiff succeeds in the criminal cases, the purpose of filing of this Suit would probably be over. 4. This Notice of Motion, in my view, cannot succeed. Therefore, the Notice of Motion stands dismissed. 5. The opinion expressed in the order shall not be influenced in any manner in the Criminal Court. : 3 : [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]