Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Cheques returned "ACCOUNT BLOCKED" after insolvency moratorium: directors not liable u/s138; complaints and summons quashed

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Dishonour complaints under s.138 NI Act were examined where the corporate debtor's CIRP had commenced and a liquidator had taken charge before cheque presentation, resulting in return remarks "ACCOUNT BLOCKED." Since the directors were divested of control over bank accounts upon moratorium and insolvency administration, vicarious liability for post-moratorium dishonour could not be fastened on them; the summoning orders were quashed. Independently, "account blocked" due to statutory insolvency restraints is not dishonour "for insufficiency of funds," so the essential ingredient of s.138 was not established; the complaints and all consequential proceedings were quashed. - HC....