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 / RSS

Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Insolvency moratorium under the IBC protects the corporate debtor and postpones civil debt enforcement, but does not halt cheque dishonour prosecution against directors or other natural persons subject to vicarious liability under the Negotiable Instruments Act. Liability is assessed by the accused's status when the cheques were issued and dishonoured; subsequent appointment of an insolvency professional or liquidator, and resulting loss of managerial control, does not erase criminal liability already crystallised. Whether an accused was in charge of and responsible for the company's business at the relevant time remains a matter for trial on evidence.....