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Raising a Counter Claim as Defence in Cases of Dishnour of a Cheque - Whether a Criminal Complaint is to be Stayed Due to Pendency of a Civil Suit?

By S. N. Gupta

Published In

CrLj 2001

Since the passing of the Negoitable Instruments Act, 1881 as amended and keeping in view the provisions of Sections 138 to 142 of the amended Act whenever there is a complaint filed for prosecution under Section 138 of the Negotiable Instruments Act, 1881, all possible efforts are made on behalf of the accused to side track the liability and to find an escape from prosecution under the Act. Although the Act comprises only of five sections yet the cases which have cropped up under the Act are of a great magnitude and everyday we find that when new cases are being filed, so far as the accused persons are concerned they try their best to find out ways and means of getting the prosecution against them to be quashed. In case of a partnership firm, since all the partners of the firm are liable for prosecution for the conduct of business of the firm, very often the defence is taken that the persons who have been arrayed as accused are not the partners of the firm. Similarly, it has been he ....

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