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2021 (9) TMI 753 - NATIONAL COMPANY LAW TRIBUNAL , GUWAHATI BENCHInitiation of preliminary enquiry under Section 340 of Code of Criminal Procedure against the Financial Creditor - direction to competent officer or Registry of this Hon’ble Tribunal to make a complaint in writing and send such complaint in writing to the Magistrate of First-Class having jurisdiction - offences under Sections 193, 199, 200, 463 and 471 of the India Penal Code, 1860 - HELD THAT:- There is no need to entertain the prayer made here by the Suspended Management/Director, when the Petition filed by the FC for ₹ 7,43,15,000.00 under Section 7 of IBC has been admitted and CD is under Moratorium. IRP has been appointed by this Bench and he is performing his duties as per the provisions specified under Sections 17, 18, 20 & 21 of IBC, 2016. The IRP/RP is duty bound to examine the documents minutely before admitting any claims submitted by the Creditors including the claim of the Applicant. Application rejected.
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