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GURPAL SINGH AHLUWALIA
Anurodh Mittal S/o Ramdhari Mittal – Appellant
Versus
Rehat Trading Company – Respondent
ORDER :
This application under Section 482 of Cr.P.C. has been filed seeking the following reliefs:
ii. This Hon'ble Court be pleased to quash the condition to deposit Rs.13,73,890/- imposed in impugned order dated 16/04/2024 against the Petitioner in the application under Section 389 CrPC seeking suspension of the execution of sentence (including the order to pay compensation) during the pendency of appeal on account of effect of interim moratorium as per Section 96 of Insolvency and Bankruptcy Code, 2016 as imposed by Hon'ble National Company Law Tribunal, Indore Bench, for initiating/undergoing the insolvency resolution process, vide Company Petition(IB)/74(MP)2022, with effect from 14/10/2022;
iii. Such other and further orders that to this Hon'ble Court may deem fit, be passed.”
2. It is submitted by counsel for applicant that by judgment dated 13.03.2024 passed by J.M.F.C., Burhanpur in SC-NIA/723/2019, applicant has been convicted under Sec
Interim moratorium under the Insolvency and Bankruptcy Code does not absolve personal criminal liability under the Negotiable Instruments Act.
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....
The moratorium under the Insolvency and Bankruptcy Code does not protect individuals from criminal liability under the Negotiable Instruments Act for cheque dishonour.
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 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 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 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 ....
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....
(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....
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