Order

30/04/2024

1. In all four criminal misc. petitions u/s. 482 Cr.PC, a common issue has been raised by petitioner, claiming to put on halt the criminal proceedings against him for offence under Section 138 NI Act, due to invocation of moratorium under the Insolvency and Bankruptcy Code, 2016 (hereinafter for short “the IBC 2016, hence with consent of counsel for both parties, all petitions have been heard together finally on merits and would stand decided by this common Order.

2. It is not in dispute that against petitioner four different criminal complaints under Section 138 NI Act, have been filed on account of dishonour of cheques issued by the petitioner, wherein cognizance for offence u/s. 138 NI Act has been taken by the Judicial Magistrate against the petitioner and trial in the criminal complaints is yet to commence. Indisputably, the criminal complaints are pending before the Special Metropolitan Magistrate, dealing with cases under the NI Act.

3. During course of criminal complaints under Section 138 NI Act, according to the petitioner, a moratorium period started as declared by the National Company Law Tribunal, Jaipur (hereinafter for short “the NCLT”) initially vide in