https://www.taxtmi.com/caselaws?id=199196 Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 was confined to civil recovery measures such as winding up, execution, distress, receiver appointment and suits for money or enforcement of security. That moratorium did not extend to criminal prosecution under section 138 of the Negotiable Instruments Act, 1881, because dishonour of cheque creates a distinct penal liability once the statutory ingredients are met. The wider language of section 22(1) was not read to displace the specific offence under section 138. Accordingly, pendency of proceedings under the sick company law does not bar or suspend a cheque dishonour prosecution. en-us Wed, 04 Nov 1998 00:00:00 +0530 Thu, 22 Feb 2018 15:30:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199196 Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 was confined to civil recovery measures such as winding up, execution, distress, receiver appointment and suits for money or enforcement of security. That moratorium did not extend to criminal prosecution under section 138 of the Negotiable Instruments Act, 1881, because dishonour of cheque creates a distinct penal liability once the statutory ingredients are met. The wider language of section 22(1) was not read to displace the specific offence under section 138. Accordingly, pendency of proceedings under the sick company law does not bar or suspend a cheque dishonour prosecution. Case-Laws Indian Laws Wed, 04 Nov 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199196