Back
CHILLAKUR SUMALATHA
Speck Systems Ltd. – Appellant
Versus
Bujji – Respondent
ORDER :
1. Heard the submission of the learned counsel for the petitioner as well as the learned counsel appearing for the 1st respondent. As the issue involved is in respect of taking cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the 2nd respondent i.e. the State is a formal party.
2. Seeking to quash the proceedings that are pending against the petitioner in C.C.No.1045 of 2013 on the file of the Court of X Metropolitan Magistrate, Cyberabad at Malkajgiri, the petitioner has filed this criminal petition invoking Section 482 Cr.P.C.
3. The material brought on record reveals that the 1st respondent (hereinafter be referred to as “the complainant”) filed a complaint against the petitioner herein and one Mr. K.C.M. Kumar alleging that they committed an offence punishable under Section 138 of Negotiable Instruments Act. Seeking to condone the delay of 242 days in filing the said complaint, a separate interlocutory application was filed. The Court by the order dated 19.03.2013, condoned the said delay of 242 days on payment of costs of Rs.2,500/- to the District Legal Services Authority, Ranga Reddy District. Aggrieved by the same, the pet
The central legal point established in the judgment is the impact of insolvency proceedings and the moratorium provision contained in Section 14 IBC on proceedings under Section 138/141 of the Negoti....
The main legal point established in the judgment is that the moratorium issued by the NCLT also covers criminal proceedings initiated under Section 138 of the Negotiable Instruments Act.
Criminal proceedings under Section 138 of the Negotiable Instruments Act are independent of insolvency proceedings and cannot be quashed due to a company's liquidation status.
Moratorium provisions under the Insolvency and Bankruptcy Code, 2016 apply only to the corporate debtor and not to natural persons mentioned in Section 141 of the Negotiable Instruments Act, 1881.
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....
The nature of proceedings under the Insolvency and Bankruptcy Code, 2016 and the Negotiable Instruments Act, 1881 are different, and the criminal prosecution under the NI Act is not terminated by the....
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 nature of proceedings under the IBC and Section 138 of the NI Act are different and would not intercede with each other. The proceedings under Section 138 of the NI Act are criminal in nature and....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
