under section 138 of N.I. Act

Arunkumar (Querist) 20 May 2011 This query is : Resolved
1.whether a frsh complaint is binding against the pending Insolvency petition its a debtor filing Insolvency petition ?

2. I want citation for sec 138 is does not file any complainant against debtor IP holder ?

3. In that basic the debtor IP holder had filed any civil case against complainant ?

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adv. rajeev ( rajoo ) (Expert) 21 May 2011
SEc 138 and IP are entirely different proceedings.

Amit Minocha (Expert) 21 May 2011
Firstly, the petition is not yet decided.
Secondly, as righly stated by ADV Rajeev ji, 138 proceedings is on totally different footing.

M.Sheik Mohammed Ali (Expert) 21 May 2011
yes, i do agree experts reply

Karl Jacob (Expert) 21 May 2011
Insolvency proceedings - Dishonour of cheque - During pendency of insolvency proceedings accused is not absolved from criminal liability under Section 138 even if the accused was declared insolvent - Protection given under Sections 29 and 31 of Provincial Insolvency Act is applicable to debtor in respect of civil detention and civil arrest alone.
(B.Kannan Vs B.C.Santhanam)
1999(SUPPL.) CIVIL COURT CASES 260 (Madras)
1999 ISJ (BANKING) 0557
1999 (3) ALL INDIA CRIMINAL LR (MADRAS) 0373

Advocate. Arunagiri (Expert) 21 May 2011
IP proceedings will not give any relief to the accused in 138 case.

PJANARDHANA REDDY (Expert) 21 May 2011
CRIMINAL PROCEEDINGS SHALL NOT BAR ON I.P PROCEEDINGS, YOU CAN FILE CASE FOR PUNISHMENT U/S 138, BUT MENTIONING THE IP PROCEEDINGS AND CASE NO. IN THE COMPLAINT/CHIEF IS A MUST.

Guest (Expert) 21 May 2011
Agree with Mr. Jacob.

M/s. Y-not legal services (Expert) 22 May 2011
Yes me too agree with mr. Jacob and mr.arunagiri.

NOTTAM VENKATASAMY (Expert) 26 May 2011
138 OF N I ACT IS ENTIRELY DIFFERENT.NO COURT SAID TO SETTLE THE AMOUNT IN NI ACT. BUT ALL IP PERSONS ARE USE THE SYSTEM OF INSOLVANCY, NOBODY WILL RELEASE FROM NI ACT.

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