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2019 (2) TMI 197 - HC - Indian LawsDishonor of Cheque - Section 138 of Negotiable Instruments Act, 1881 - Held that:- The revisional court considered it proper to stay the proceedings in the criminal complaint case under Section 138 NI Act against the respondents on the ground that the same would “unnecessarily prejudice” the trial court while the criminal case arising out of FIR no. 53/2013 is pending - This Court finds the view taken by the revisional court to be wholly unfair and unjust. Though questions would arise in the criminal case under Section 138 NI Act as to whether cheque in question had come in the hands of the petitioner legitimately or not, the contentions of the respondents are a matter of defence which will have to be raised by them, the burden of proof of the requisite facts in such regard being placed on them. There is no reason why the case arising out of above-mentioned FIR should have a primacy or priority over the case of the petitioner against the opposite party. The impugned order staying the proceedings in the case under Section 138 NI Act is hereby vacated - petition allowed.
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