JUDGMENT :

SANJIV BERRY, J.

The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Cr.P.C. for quashing of the impugned order dated 16.01.2023 (Annexure P-5) passed in complaint bearing No. NACT-16711 of 2020 dated 01.09.2020 titled as “Puneet Dhar Vs. M/s Supertech Ltd. & Others” under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act') (Annexure P-3) whereby summons have been issued to the present petitioner by the learned Trial Court and staying the impugned Complaint (Annexure P-3) along with summoning order dated 19.05.2022 (Annexure P-4) passed by the learned Judicial Magistrate First Class, Gurugram.

2. Learned Counsel appearing on behalf of the petitioner contends that the petitioner was the Director of M/s Supertech Ltd., which is now undergoing a Corporate Insolvency Resolution Process (CIRP) before the National Company Law Tribunal (for short, 'NCLT'), New Delhi Bench and an interim resolution professional has already been appointed. Learned counsel has also referred to the order dated 25.03.2022 passed by NCLT (Annexure P-1). He submits that by virtue of interim moratorium applied by the said order, the indepen