Supreme Court · 2025 INSC 346 · Decided 16 March 2025

Vishnoo Mittal v. M/S Shakti Trading Company

Court
Supreme Court of India
Citation
2025 INSC 346 · [2025] 4 S.C.R. 41
Case number
CRIMINAL APPEAL No. 1287/2025
Decided
16 March 2025
Bench
SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 482; NI Act Section 138; IBC Section 14, 17

Headnote

Whether the High Court was justified in relying upon P. Mohan Raj case which held that the immunity granted by the moratorium order issued under Section 14, IBC can only be obtained by a Corporate Debtor and not by a natural person such as the present appellant, while filed by the appellant for quashing of proceedings initiated u/s.138 of Negotiable Instruments Act, 1881. Code of Criminal Procedure, 1973 - s.482 - Negotiable Instruments Act, 1881 - s.138 - Insolvency and Bankruptcy Code, 2016 - ss.14,

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