TMI Blog2008 (11) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... ram Bir Raj Vohra, Adv. For the Respondent : Mrs. D. Bharathi Reddy, Adv. (NP), Mr. Shekhar G Devasa, Adv., for Mr. Dinesh Kumar Garg, Adv. ORDER Leave granted. This appeal is directed against the judgment and order dated 24th September, 2007, passed by the Andhra Pradesh High Court in Criminal Petition No. 4508 of 2007 quashing the proceedings, being C.C. No. 982 of 2005, on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel appearing in support of the appeal, submitted that the High Court has apparently confused the issue relating to the continuance of the arbitration proceedings as also the criminal proceedings, since when the cheques were dishonoured, a separate liability arose in terms of Section 138 of the Act, whereas the arbitration proceedings were under the agreement signed between the parties. It wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aving regard to the decision cited by Mr. Adhyaru. We are also of the view that there can be no bar to the simultaneous continuance of a criminal proceeding and a civil proceeding if the two arise from separate causes of action. The decision in Trisuns Chemical Industry's case (supra) appears to squarely cover this case as well. We, accordingly, allow the appeal and set aside the order pass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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