1. Rule. Rule is made returnable forthwith. With the consent of both sides, the matter is heard finally at the stage of admission.

2. A very short question that arises for determination in this proceeding is as to whether moratorium prohibiting institution of a proceeding as provided for in Section 14 of the Insolvency and Bankruptcy Code, 2006 (hereinafter referred to as Code) applies even to a criminal proceeding.

3. The facts as are necessary to be delineated are to the effect that the petitioner company instituted a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred as N.I. Act for short) bearing SCC No. 3197/2016 against the respondent no.2 company and the respondents 3 to 7 who are its Managing Director and Directors, in respect of a cheque for an amount of Rs.15,58,612/- issued by respondents 2 to 7 towards discharge of a civil liability. The learned Magistrate issued process under Section 204 of the Code of Criminal Procedure. Being aggrieved, the respondents 2 to 7 challenged the order of issuance of process by preferring Criminal Revision No. 147/2016.

4. In the meanwhile, the respondents 2 to 7 initiated insolvency proceeding in Ca