SC held that interim moratorium under Section 96 IBC does not ...

Supreme Court Clarifies: Insolvency Moratorium Does Not Shield Criminal Prosecution for Cheque Dishonor Under Section 138

April 15, 2025

Case Laws IBC SC

SC held that interim moratorium under Section 96 IBC does not protect against criminal prosecution under Section 138 of NI Act. The moratorium is restricted to civil claims for debt recovery and does not extend to criminal proceedings. The protection applies only to corporate debtors, not personal guarantors or individual directors. Prosecutorial actions for cheque dishonor remain valid, as the legislative intent is to maintain commercial transaction integrity. The court emphasized that criminal liability cannot be evaded through insolvency proceedings. Consequently, the appellants' petition seeking stay of criminal proceedings was dismissed, reinforcing the deterrent effect of the NI Act in ensuring accountability in commercial transactions.

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SC held that interim moratorium under Section 96 IBC does not ...

Supreme Court Clarifies: Insolvency Moratorium Does Not Shield Criminal Prosecution for Cheque Dishonor Under Section 138

April 15, 2025

Case Laws IBC SC

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