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2015 (3) TMI 1424 - HC - Indian LawsDishonor of Cheque - seeking stay on proceedings - whether proceedings under section 138 of the Negotiable Instruments Act has to be stayed under section 446 of the Companies Act, 1956, which is replaced by sections 279 and 280 of the Companies Act, 2013? HELD THAT:- This question has been considered by the Division Bench of this court in Jose Antony Kakkad v. Official Liquidator, High Court of Kerala [2000 (1) TMI 866 - HIGH COURT OF KERALA] and observed that, the proceedings under section 138 of the Negotiable Instruments Act cannot be stayed invoking the power under section 446 of the Companies Act, 1956. As regards the second accused is concerned, if the petitioner can convince the court below that, he is unable to move on account of his illness and he is unable to understand things, then court below is directed to consider that application and consider the question of jurisdiction, if it is raised in view of Dashrath Rupsingh Rathod v. State of Maharashtra [2014 (8) TMI 417 - SUPREME COURT] in his absence and he may be permitted to appear through counsel and pass appropriate order on that aspect in accordance with law. As regards the third accused is concerned, if she surrenders before the court below and moves for bail, then court below is directed to recall the warrant and after granting bail, permit her also to represent through counsel and consider the question of maintainability in view of Dashrath Rupsingh Rathod v. State of Maharashtra [2014 (8) TMI 417 - SUPREME COURT] decision of the hon'ble Supreme Court. Petition dismissed.
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