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 impugned order dated 09.07.2021 (Annexure P-4) passed in complaint bearing No. NACT- 2492 of 2021 dated 18.01.2021 titled as “Anubhav Kapoor Vs. M/s Supertech Ltd & Ors.” 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 further staying the impugned Complaint (Annexure P-3) along with summoning order 21.11.2022 (Annexure P-5) 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 independe