LAWS(SC)-2025-4-32

RAKESH BHANOT Vs. GURDAS AGRO PVT. LTD

Decided On April 01, 2025
Rakesh Bhanot Appellant
V/S
Gurdas Agro Pvt. Ltd Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Since the facts and issues involved in all these cases are common, they are clubbed together and disposed of, by this common judgment.

(3.) All these appeals are filed against the orders passed by different High Courts, which dismissed the petitions filed under Sec. 482 of the Criminal Procedure Code, 1973(For short, "Cr.P.C") and thereby affirmed the orders passed by the trial Court rejecting the applications filed for staying the proceedings under Sec. 138 of the Negotiable Instruments Act, 1881(For short, "N.I. Act, 1881") sine die till the conclusion of the proceedings initiated under Sec. 94 of the Insolvency and Bankruptcy Code, 2016(For short, "IBC"), before the National Company Law Tribunal. A writ petition has also been filed for declaration and direction that sec. 138 proceedings shall be deemed to be stayed during the operation of the moratorium period under sec. 96 IBC. The details of the cases are tabulated below: <IMG>JUDGEMENT_32_LAWS(SC)4_2025_1.JPG</IMG>