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2023 Supreme(P&H) 744

SANJIV BERRY, SANJIV BERRY
R. K. Arora – Appellant
Versus
Devinder Singh Babla – Respondent


Advocates appeared:
Mr. Kushagra Beniwal, Advocate for the petitioner.
Mr. Aftab Singh Khara, Advocate for the respondent.

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 20.09.2022 (Annexure P-6) in complaint bearing No. NACT-4777 of 2021 dated 02.06.2021 titled as “Devinder Singh Babla Vs. M/s Supertech Ltd. And others” under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act') (Annexure P-4) whereby non-bailable warrants have been issued against the petitioner and further staying the impugned complaint (Annexure P-4) and summoning order dated 02.06.2021 (Annexure P-5) passed by the learned Judicial Magistrate First Class, Chandigarh.

2. Learned Counsel appearing on behalf of the petitioner contends that the petitioner was the Chairman 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 independent recovery as well as

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