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MANOJ MISRA, UJJAL BHUYAN
Shree Nagani Silk Mills Pvt. Ltd. – Appellant
Versus
L. D. Industries Ltd. – Respondent
JUDGMENT
MANOJ MISRA, J.
1. Leave granted.
2. These seven appeals arise from identical judgment(s) and order(s) of the High Court of Judicature at Bombay (for short the High Court), dated 5.10.2023, passed on separate petitions, under Article 227 of the Constitution of India, impugning revisional court order(s) emanating from separate complaint(s) filed by the appellant against the respondent(s) under Section 138 of the Negotiable Instruments Act, 1881 [N.I.Act]. As common questions of law and fact arise for our consideration, between same set of parties, these appeals were heard together and are being decided by a common order.
Factual matrix
3. Appellant is the original complainant who had lodged separate complaints, under Section 138 read with Section 141 of N.I. Act, against L.D. Textile Industries (for short the accused company – first respondent) and four others (other respondents) in respect of dishonour of cheques issued by the accused company. Details of those cheques with reference to corresponding SLP (Crl.) No. and complaint number(s) are given in the table below:
| Special Leave Petition No | Complaint No. | Cheque Date | Cheque No. | Cheque Amount (In Rs.) |
| SLP | ||||
Dishonour of cheque – There is no embargo on filing complaint under Section 138 of N.I. Act against a ‘SICK’ company.
S.22 of the Sick Industrial Companies Act does not bar prosecution under S.138 of the Negotiable Instruments Act for offences completed before S.22 proceedings commenced.
The court affirmed that changes in a complainant company's name do not invalidate pending legal actions under Section 138 of the N.I. Act; the High Court's jurisdiction under Article 227 is limited t....
The legal framework applied by the court focused on the consequences of winding up of a company and the liability of the directors in case of default, emphasizing the need to consider the facts of th....
The court ruled that proceedings under Section 138 of the NI Act are penal and cannot be stayed by the interim moratorium under Section 96 of the IBC, affirming the distinction between criminal and c....
(1) Dishonour of cheque – A post-dated cheque issued after debt has been incurred would be covered by definition of ‘debt’ – However, if sum payable depends on a contingent event, then it takes colou....
The winding up of a company does not absolve the personal liability of its directors for offences under Section 138 of the Negotiable Instruments Act, and such criminal proceedings can continue despi....
The suspension of legal proceedings under Section 22(1) of the Sick Industrial Companies Act applies only to ongoing proceedings that would threaten the rehabilitation of sick companies, not to mere ....
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