Moratorium only prohibits civil suits - Criminal proceedings do not include under that prohibition,

Citation

2019 (2) DCR 28

BOMBAY HIGH COURT

HON'BLE MANGESH S. PATIL, J.

Criminal Writ Petition No. 1437 of 2017

Decided on 6.8.2018

TAYAL COTTON PVT. LTD.

Versus

THE STATE OF MAHARASHTRA & ORS.

Negotiable Instruments Act, 1881-Section 138-Insolvency and Bankruptcy Act, 2016-Section 14-Moratorium-Scope-Held-Mora torium only prohibits civil suits or like proceeding during pendency of proceedings under the Act 2016-Criminal proceedings do not include under that prohibition, so keeping proceedings for dishonour of cheque in abeyance is against law and is liable to be quashed-Petition is al lowed. [Para-13 and 14]