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IBC - Highlights / Catch Notes

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Dishonor of Cheque - Validity of proceeding u/s 138 of NI act ...

Insolvency and Bankruptcy

June 18, 2022

Dishonor of Cheque - Validity of proceeding u/s 138 of NI act when CIRP proceedings has started and moratorium has been declared - applicability of moratorium to Directors or Corporate Debtors - when the petitioners themselves have admitted before this Court that the cheques were issued in the year 2016, merely because the different date is mentioned in the complaint, it is the matter of evidence. In such a view of the prosecution initiated by the respondent cannot be quashed - HC

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