9911796707
TMI Blog1999 (2) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... the instance of the petitioner/accused, the complainant is shown as one of the creditors. 3. The learned Counsel for the petitioner would submit that when the respondent/complainant filed a complaint dated 15-4-91, the petitioner/accused, much earlier to the initiation of the criminal proceedings, filed an Insolvency Petition in I.P. No. 3/90 before the Sub-Court, Kancheepuram on 5-11 -90 and that therefore, the proceedings under Section 138 of the Negotiable Instruments Act could not be allowed to go on. 4. I have carefully considered the submission and gone through the records. 5. This Revision is to be dismissed even at the admission stage. This case has got a chequered history. The petitioner/accused issued two cheques for a v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hief and cross. After the questioning under Section 313, Cr.P.C. was over, the case was posted for defence. At that stage, on 9-9-98, the petitioner filed an application to discharge the accused on the ground that even prior to the filing of the said private complaint, the accused had filed an Insolvency Petition against all the creditors in which the complainant was shown as the 6th creditor and that when the subject-matter of the cheque amount was also included in the insolvency proceeding, the proceeding under Section 138 of the Negotiable Instruments Act has to be dropped and the accused may be discharged, on 5-10-98, the respondent/complainant filed a counter. After hearing both the parties, the learned Judicial Magistrate No. II, Kanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticed that the proceedings were initiated in the year 1991. Even after 8 years, the proceedings are not allowed to be completed by adopting various tactics by the petitioner. 9. As indicated earlier, this Revision has to be dismissed even at the admission state on two I ground under:- (1) There is no provision for the summon cases to file an application for discharge under Section 245, Cr.P.C. that too, after all the witnesses have been examined. Therefore, the order of the trial Court dismissing the application for discharge is perfectly valid. (2) There is no prohibition either in the Insolvency Act or in the Negotiable Instruments Act for the complainant to approach the criminal Court to take penal action against the accused for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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