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NCLT Moratorium Shields Corporate Debtor in CIRP from Section 138 Prosecution for Cheque Dishonor; No Individuals Accused.
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....Dishonor of Cheque - Company under CIRP - moratorium was issued by NCLT - none of the natural persons who were stated to be the in-charge of and responsible for the affairs of the corporate entity were arrayed as accused - It must therefore be held that the corporate debtor, namely, the appellant herein cannot now be proceeded against under Section 138 of the Act. - SC....