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2023 Supreme(Mad) 3348

G. JAYACHANDRAN
Ashok B. Jeswani – Appellant
Versus
Redington India Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S. Suresh
For the Respondent: Mr. V.T. Narenderan

ORDER :

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN

The petitioners herein are the second and third accused, convicted in a private complaint initiated under Section 138 of the Negotiable Instruments Act, 1881. Aggrieved by the judgement of conviction and sentence, they along with the first accused company had preferred appeal and the same is pending on the file of the Session Court at Chennai. The petitions filed for suspension of sentence was allowed on conditions to deposit 20% of the compensation amount. The petitioners not complied the said conditions, instead citing pendency of their applications under Section 94(a) of IBC before the NCLT, Mumbai, had filed a memo to stay further proceedings in the Appeal in view of Sections 94, 96 and 101 of Insolvency and Bankruptcy Code, 2016, which provides for an interim moratorium of legal action or proceedings pending in respect of any debt. Those memos were rejected by the learned Sessions Judge by a docket order. Against the rejection order dated 22/09/2023 the present petition under Section 482 of Cr.P.C is filed.

2. The docket order which is impugned in this petition read as below:-

    “Perused representation conditional order passed by the

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