PROJECT DESCRIPTION
1] Rule. Rule is made returnable forthwith. With the consent of both sides, the matter is heard
finally at the stage of admission.
2] A very short question that arises for determination in this proceeding is as to whether
moratorium prohibiting institution of a proceeding as provided for in Section 14 of the Insolvency
and Bankruptcy Code, 2006 (hereinafter referred to as Code) applies even to a criminal proceeding.
criwp1437-17 3] The facts as are necessary to be delineated are to the effect that the petitioner
company instituted a complaint under Section 138 of the Negotiable Instruments Act (hereinafter
referred as N.I.Act for short) bearing SCC No.3197/2016 against the respondent no.2 company and
the respondents 3 to 7 who are its Managing Director and Directors, in respect of a cheque for an
amount of Rs.15,58,612/- issued by respondents 2 to 7 towards discharge of a civil liability. The
learned Magistrate issued process under Section 204 of the Code of Criminal Procedure. Being
aggrieved, the respondents 2 to 7 challenged the order of issuance of process by preferring Criminal
Revision No.147/2016.
Project Information
- Client: Robert Smith
- Completed Date: 03-02-2017