https://www.taxtmi.com/caselaws?id=458505 Adjudication as an insolvent under the Presidency Towns Insolvency Act does not bar a complaint under Section 138 of the Negotiable Instruments Act. The protections in Sections 17 and 18 are confined to civil proceedings and remedies against the insolvent's estate, while Sections 25(1) and 25(3) relate to arrest or detention for debt in civil prison and do not extend to criminal prosecution. The offence under Section 138 remains complete on dishonour, statutory notice, and failure to pay within the prescribed time, supported by the presumption under Section 139 and the restriction in Section 140. The complaints were therefore maintainable. en-us Thu, 18 Feb 1999 00:00:00 +0530 Mon, 04 Nov 2024 17:55:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458505 Adjudication as an insolvent under the Presidency Towns Insolvency Act does not bar a complaint under Section 138 of the Negotiable Instruments Act. The protections in Sections 17 and 18 are confined to civil proceedings and remedies against the insolvent's estate, while Sections 25(1) and 25(3) relate to arrest or detention for debt in civil prison and do not extend to criminal prosecution. The offence under Section 138 remains complete on dishonour, statutory notice, and failure to pay within the prescribed time, supported by the presumption under Section 139 and the restriction in Section 140. The complaints were therefore maintainable. Case-Laws Indian Laws Thu, 18 Feb 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458505