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Judgment
Sanjay Dwivedi, J
Heard on the question of admission and also on interim relief.
Learned counsel for the petitioner submits that against the petitioner proceeding under section 138 of Negotiable Instruments Act is pending before the Chief Judicial Magistrate, Indore. He submits that an order of moratorium passed by the adjudicating authority i.e Annexure P-4 available on record and as such according to the counsel for petitioner, all proceedings even proceeding of Section 138 initiated against the petitioner shall be stayed in view of the specific provision i.e sections 96 and 238 of IPC which provides that this Act has over riding effect over all other Acts. He submits that the trial court refused to stay the proceeding of section 138 saying that it is against the individual, therefore, the order of moratorium will not be applicable. He further submits that in an identical situation, the Bench of Indore in M.P No. 5199 of 2023 vide order dated 01.09.2023 has not only entertained the petition, but also granted interim protection.
Considering the aforesaid, let notice be issued to the respondent/complainant, process fee within seven working days by RAD mode, returnable within six weeks.
By way of interim measure, it is directed that further proceeding of SC- PPM/146/2021 pending before the Judicial Magistrate First Class, Indore (III- Civil Judge Class-I) shall remain stayed till the next date of hearing.
List this case in the week commencing 27.11.2023.