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Negotiable Instruments Act, Section 138/141 proceeding against a corporate debtor is covered under IBC 2016
Case Law Details
- Case Name
- G. Ajay Agarwal Vs Bhagwandas and Co. (Madras High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Madras High Court
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G. Ajay Agarwal Vs Bhagwandas and Co. (Madras High Court)
The question as to whether by operation of provision of I&B Code, the criminal prosecution initiated under Section 138 r/w 141 of Negotiable Instruments Act, r/w 200 of Cr.P.C can be terminated, is no longer res integra in view of Apec Court judgment in P. Mohanraj’s case , wherein the Hon’ble Supreme Court has categorically held that Section 138/141 proceeding against a corporate debtor is covered by Section 14(1)(a) of I&B Code. Moratorium order would not cover person in those cases who are not a c...
