Moratorium under the Insolvency And Bankruptcy Code

This document explores the interaction between the moratorium provisions of the Insolvency and Bankruptcy Code (IBC) and Section 138 of the Negotiable Instruments Act, which deals with bounced cheques. It clarifies that while a moratorium under Section 14 of the IBC typically halts recovery proceedings, criminal proceedings under Section 138 of the NI Act have been held by tribunals to be outside its scope. The paper discusses key legal decisions and highlights that the Supreme Court's final verdict is pending, making this a crucial area to monitor for legal practitioners.

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