https://www.taxtmi.com/caselaws?id=421487 A Section 138 prosecution against a corporate debtor is stayed by the insolvency moratorium under Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016. The later three-judge Bench rulings were applied to hold that cheque dishonour proceedings cannot continue against the company during moratorium. Where the complaint arraigns only the corporate entity and no natural person alleged to be in charge is made an accused, the exception permitting continuation against individuals does not apply. On that basis, the complaint was liable to be quashed and the challenge succeeded. en-us Thu, 18 Nov 2021 00:00:00 +0530 Mon, 12 Jun 2023 10:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421487 A Section 138 prosecution against a corporate debtor is stayed by the insolvency moratorium under Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016. The later three-judge Bench rulings were applied to hold that cheque dishonour proceedings cannot continue against the company during moratorium. Where the complaint arraigns only the corporate entity and no natural person alleged to be in charge is made an accused, the exception permitting continuation against individuals does not apply. On that basis, the complaint was liable to be quashed and the challenge succeeded. Case-Laws Indian Laws Thu, 18 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421487