https://www.taxtmi.com/caselaws?id=391500 Insolvency moratorium under the Insolvency and Bankruptcy Code does not bar cheque-dishonour prosecutions because it applies to civil and analogous proceedings, not criminal prosecution under the Negotiable Instruments Act. Approval of a resolution plan binds stakeholders regarding management, assets and civil obligations but neither compounds nor abates criminal liability; prosecution may therefore continue against the corporate debtor and, where applicable, its erstwhile managing director. Inability to access company records does not justify quashing where criminal procedure permits the accused to seek defence evidence and document production during trial. No abuse of process arises merely from resolution or changed management. en-us Thu, 09 Jan 2020 00:00:00 +0530 Tue, 04 Feb 2020 15:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=391500 Insolvency moratorium under the Insolvency and Bankruptcy Code does not bar cheque-dishonour prosecutions because it applies to civil and analogous proceedings, not criminal prosecution under the Negotiable Instruments Act. Approval of a resolution plan binds stakeholders regarding management, assets and civil obligations but neither compounds nor abates criminal liability; prosecution may therefore continue against the corporate debtor and, where applicable, its erstwhile managing director. Inability to access company records does not justify quashing where criminal procedure permits the accused to seek defence evidence and document production during trial. No abuse of process arises merely from resolution or changed management. Case-Laws Insolvency and Bankruptcy Thu, 09 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=391500