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november 2008

Supreme Court of India · 2008-11-11

M/S Sri Krishna Agencies vs State Of A.P.& Anr

Citation / case number
AIR 2009 SUPREME COURT 1011
Court
Supreme Court of India
Petitioner
M/S Sri Krishna Agencies
Respondent
State Of A.P.& Anr
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the Andhra Pradesh High Court erred in quashing the criminal proceedings under Section 138 of the Negotiable Instruments Act, 1981, on the grounds that arbitration proceedings were ongoing. The Court established that the existence of arbitration does not bar the continuation of criminal proceedings arising from separate causes of action, referencing the precedent set in Trisuns Chemical Industry vs. Rajesh Agarwal. The appeal was allowed, and the High Court's order was set aside, restoring the complaint for further proceedings.

M/S Sri Krishna Agencies vs State Of A.P.& Anr · Niyam