https://www.taxtmi.com/caselaws?id=439264 The moratorium under the Insolvency and Bankruptcy Code restrains civil recovery actions, but it does not bar criminal prosecution under Section 138 of the Negotiable Instruments Act. Cheque dishonour proceedings are penal in character and are distinct from insolvency-related civil consequences, so pendency of insolvency resolution does not prevent prosecution of the natural persons arraigned in the complaint. The High Court therefore held the Section 138 proceedings maintainable and rejected the request to quash the complaint and summoning order. en-us Wed, 29 Mar 2023 00:00:00 +0530 Tue, 20 Jun 2023 21:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=439264 The moratorium under the Insolvency and Bankruptcy Code restrains civil recovery actions, but it does not bar criminal prosecution under Section 138 of the Negotiable Instruments Act. Cheque dishonour proceedings are penal in character and are distinct from insolvency-related civil consequences, so pendency of insolvency resolution does not prevent prosecution of the natural persons arraigned in the complaint. The High Court therefore held the Section 138 proceedings maintainable and rejected the request to quash the complaint and summoning order. Case-Laws Indian Laws Wed, 29 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=439264