Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
Whether erstwhile directors can be proceeded against under Section 138 N.I. Act where CIRP and IRP appointment preceded completion of the offence: applying Section 17 IBC and precedent, once IRP is appointed and moratorium imposed the board's powers and control over bank accounts vest with the IRP, so erstwhile directors are not "in charge" and lack authority to prevent cheque dishonour; therefore criminal liability under Section 138 cannot be fastened on them. Consequence: impugned summoning order quashed and complaint dismissed. - HC
Whether erstwhile directors can be proceeded against under Section 138 N.I. Act where CIRP and IRP appointment preceded completion of the offence: applying Section 17 IBC and precedent, once IRP is appointed and moratorium imposed the board's powers and control over bank accounts vest with the IRP, so erstwhile directors are not "in charge" and lack authority to prevent cheque dishonour; therefore criminal liability under Section 138 cannot be fastened on them. Consequence: impugned summoning order quashed and complaint dismissed. - HC
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