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2020 (1) TMI 1102 - HC - Indian LawsDishonor of Cheque - restraint on plaintiffs to not to proceed with other coercive proceedings against the Defendants in respect of the dues claimed in the suit - HELD THAT:- The power to pass orders to do complete justice is undoubtedly vested in the Supreme Court of India under Article 142 of the Constitution. However, a Civil Court exercising original jurisdiction is constrained to act within the boundaries of the CPC and where it is a Court exercising the original jurisdiction of the Delhi High Court, additionally by the Delhi High Court Act,1966. A Court exercising civil jurisdiction cannot obviously pass orders in relation to the powers and jurisdiction of a Criminal Court or any other Tribunal/adjudicatory body - it is for the Courts exercising their respective jurisdictions viz., the Court of the learned Magistrate dealing with the complaint under Section 138 NI Act or the NCLT dealing with petitions before it or contempt proceedings arising from those proceedings, to deal with the submissions that the parties before those Courts may make, and pass appropriate orders. In the present matter it will be open to the Respondents to place the facts and developments in the civil suit before the Court dealing with the complaint under Section 138 NI Act and seek orders before that Court. Equally the Appellants in the present appeal would resist those pleas. All such submissions will have to be considered by the Court concerned. It is not for the learned Single Judge hearing the civil suit to anticipate what might happen in those proceedings and preventively restrain such further proceedings. This Court holds that to the extent that the impugned order of the learned Single Judge seeks to restrain the Appellants/Plaintiffs from continuing other coercive proceedings, which include the proceedings pending in the various Courts under Section 138 of the NI Act, the contempt proceedings, the proceedings before NCLT and the execution proceedings, the impugned order is entirely without jurisdiction, ex facie illegal and, therefore, unsustainable in law. Appeal allowed.
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