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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Somwati – Appellant
Versus
Suresh Jain – Respondent
JUDGMENT :
AMIT MAHAJAN, J.
1. The present petitions are filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the orders dated 08.01.2025 passed by the learned Magistrate, Tis Hazari Courts, Delhi in CC No. 3480/2021 and 3481/2021 (hereafter ‘impugned orders’) whereby the complaints filed by the petitioners under Section 138 of the Negotiable Instruments Act, 1881 were adjourned sine die after allowing applications of the respondent under Sections 96 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’).
2. Briefly stated, the petitioner in allegedly advanced a friendly loan to the respondent and for the purposes of securing the said loan the respondent had issued a cheque bearing no. 175894 dated 12.03.2021 for Rs. 10,00,000/- to the petitioner. It is alleged that the said cheque was presented for encashment but was returned with the remarks “Payment stopped by Drawer” on 22.03.2021.
3. It is alleged that the petitioner in CRL. M.C. 1536/2025 advanced a friendly loan to the respondent of Rs.17,00,000/- and the respondent in order to refund the said loan amount issued a cheque bearing no. 175895 dated 12.03.2021 for Rs.17,00,000/-. It is alleged 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....
The moratorium under the Insolvency and Bankruptcy Code does not protect individuals from criminal liability under the Negotiable Instruments Act for cheque dishonour.
The moratorium under the Insolvency and Bankruptcy Code does not protect individuals who are directors or guarantors of a corporate debtor from criminal proceedings under the Negotiable Instruments A....
(1) Dishonour of cheque – Offence by company – By operation of provisions of IBC, criminal prosecution initiated against the natural persons under Section 138 read with 141 of NI Act read with Sectio....
The moratorium under the IBC does not protect directors from criminal liability under Section 138 of the N.I. Act, as these proceedings are distinct from civil recovery actions.
The main legal point established in the judgment is that the proceedings under Sec. 138 of NI Act are covered by the term 'any legal action or proceeding pending in respect of any debt' appearing in ....
The proceedings under the IBC and the proceedings under Section 138 of the NI Act are of different nature and purpose, and the criminal prosecution under Section 138 of the NI Act would not stand ter....
The nature of proceedings under the IBC and the NI Act is different, and the criminal prosecution under Section 138 of the NI Act would not stand terminated by the operation of the provisions of the ....
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