https://www.taxtmi.com/article/detailed?id=17253 Section 138 cheque-dishonour proceedings are treated as predominantly criminal, so moratoria under Sections 96 and 101 of the Insolvency and Bankruptcy Code do not restrain prosecution or personal criminal liability. The moratorium may, however, apply to recovery of unpaid compensation ordered in such proceedings because it operates in respect of debt obligations. Sections 124 and 128 are distinguished as bankruptcy-stage protections directed at actions against the debtor's property and preservation of the bankrupt estate. Unresolved issues remain on whether Section 138 is quasi-criminal and the extent to which Part III moratoria cover its compensatory component. en-us Sat, 22 Aug 2026 10:34:14 +0530 Sat, 22 Aug 2026 10:34:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/article/detailed?id=17253 Section 138 cheque-dishonour proceedings are treated as predominantly criminal, so moratoria under Sections 96 and 101 of the Insolvency and Bankruptcy Code do not restrain prosecution or personal criminal liability. The moratorium may, however, apply to recovery of unpaid compensation ordered in such proceedings because it operates in respect of debt obligations. Sections 124 and 128 are distinguished as bankruptcy-stage protections directed at actions against the debtor's property and preservation of the bankrupt estate. Unresolved issues remain on whether Section 138 is quasi-criminal and the extent to which Part III moratoria cover its compensatory component. Articles Corporate Laws / IBC / SEBI Sat, 22 Aug 2026 10:34:14 +0530 https://www.taxtmi.com/article/detailed?id=17253