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2021 Supreme(SC) 1089

UDAY UMESH LALIT, S.RAVINDRA BHAT
Nag Leathers Pvt. Ltd. – Appellant
Versus
Dynamic Marketing Partnership, Rep. By Its Partners – Respondent


ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 02.04.2019 passed by the High Court of Judicature at Madras in Crl. O.P. No.8869 of 2018.

3. The appellant preferred aforestated Criminal Original Petition under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for short) seeking quashing of pending proceedings initiated by the respondents herein under Section 138 of the Negotiable Instruments Act, 1881 (“the Act” for short) on the ground that the debt in question was not enforceable and was only in the nature of a security. The challenge having been negated, the instant appeal has been filed in this Court.

4. On 25.10.2019, following submission advanced on behalf of the appellant was noted by this Court whereafter notice was issued in the matter:

    “Mr. Nagamuthu, learned senior advocate appearing for the petitioner submits that a moratorium was issued by NCLT, Division Bench, Chennai while dealing with TCP/73/(IB)/CB/2017 vide order dated 10.7.2017 which inter alia prohibited institution of any suit or continuation of pending suit against the corporate debtor and transferring, encumbering, alienating or disposing of by the corporate debtor of

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