2022 (4) TMI 1153

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....02.04.2019 passed by the High Court of Judicature at Madras in Crl. O.P. No.8869 of 2018. The appellant preferred aforestated Criminal Original Petition under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short) seeking quashing of pending proceedings initiated by the respondents herein under Section 138 of the Negotiable Instruments Act, 1881 ("the Act" for short) on the gr....

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....rther submits that the statutory notice under Section 138 of the Negotiable Instruments Act was issued on 21.12.2017 and reply dated 2.1.2018 disclosed the factum about the moratorium. Learned counsel, therefore, submits that the proceedings under Section 138 of the Negotiable Instruments Act against the Corporate-debtor could not have been instituted." Considering the issues involved in the ma....

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....te of Maharashtra, 2018 SCC OnLine Bom 2069 : (2019) 1 Mah LJ 312 and MBL Infrastructions Ltd. v. Manik Chand Somani, 2019 SCC OnLine Cal 9097 respectively, we hold that a Sections 138/141 proceeding against a corporate debtor is covered by Section 14(1)(a) IBC. 104. Resultantly, the civil appeal is allowed and the judgment under appeal is set aside. However, the Sections 138/141 proceedings in ....

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....sible for the affairs of the corporate entity were arrayed as accused. The decision rendered by this Court in P. Mohanraj (supra) has since then been followed by another three-Judge Bench of this Court in Gimpex Private Ltd. v. Manoj Goel, 2021 SCC Online SC 925 : 2021 (12) SCALE 269. It must therefore be held that the corporate debtor, namely, the appellant herein cannot now be proceeded agains....