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Section 138, Civil Procedure Code, 1908, Section 47 - Dishonour of cheque - Complaint u/s 138 as well as civil suit for recovery - Two proceedings are independent of each other - If Criminal Court levies fine on accused and orders payment of compensation out of amount of fine, then Civil Court can take that fact into account in moulding its award for compensation if any, while decreeing suit subsequently - When decree passed by Civil Court is only money decree not involving award of compensation question of adjusting compensation awarded by Criminal Court against such decree does not arise - Where Civil Court which decreed suit had not made adjustment of compensation awarded by Criminal Court, Court executing decree has no jurisdiction to go behind decree and make adjustment. (Smt.Gayathri Vs Smt.Clement Mary) 2003(2) CIVIL COURT CASES 308 (Karnataka)
Section 138 - Civil suit as well as complaint u/s 138 filed - Civil suit decreed in favour of drawee - No ground to quash criminal proceedings which have to continue to its logical end. (N.K.Gupta Vs Vijay Kumar Madan) 2001(1) CIVIL COURT CASES 626 (P&H) : 1999 - 2001 (SUPP.) ISJ (BANKING) 0462
Section 138 - Dishonour of cheque - Civil and criminal liability - It is open to the aggrieved party to resort to either of the two or both - Pendency of dispute before civil Court does not oust the jurisdiction of the Criminal Court to take cognizance of offence and issue process pursuant thereto. (Pradip Tibrewal Vs State of Gujarat) 1998(3) CIVIL COURT CASES 190 (Guj.) : 1999 ISJ (BANKING) 0388 : 1998 (2) ALL INDIA CRIMINAL LR (GUJARAT) 0443 : 1998 CRL. L.J. 0559
Section 138 - Stay of complaint pending civil proceedings - Agreement between complainant and accused - Accused issuing a cheque in pursuance of the agreement - Cheque dishonoured - Criminal complaint under Section 138 - Dispute over the agreement also pending in the civil Court - Proceedings in Criminal complaint cannot be stayed.(Virander Kumar Sachdeva Vs Vijay Kumar) 1998(3) CIVIL COURT CASES 504 (P&H) : 1999 (1) BANKING CASES 0460
Section 138 - Stay of criminal case during pendency of civil suit - Dishonour of cheque - Complaint filed - Prior to that accused filed a civil suit for recovery of their dues against the complainant and the matter involved in the civil suit and the complaint is similar - Trial of criminal cases cannot be stayed only for the reason that a civil suit involving identical dispute is pending between the parties - As no special circumstances exist in the instant case as such no valid ground exist for stay of criminal proceedings. (DSA Engineers (Bombay) Vs M/s U.E.M. India Pvt.Ltd.) 1999(SUPPL.) CIVIL COURT CASES 247 (Delhi) : 1996 - 99 (SUPP.) ISJ (BANKING) 0597 : 1999 (2) CHANDIGARH CRL. CASES 0093
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