KISHAN MUNDRA Vs. SAURABH SINGH BHADORIYA

JUDGEMENT

(1.) The present petition under Sec. 482 of Cr.P.C. is preferred by the petitioner for issuance of direction for halt of proceedings pending before the trial Court -JMFC, Bhind in the wake of the fact that company of petitioner (CMM Infra Project Limited) is before the National Company Law Tribunal (NCLT) under insolvency resolution process at the instance of petitioner under Sec. 94 of the Insolvency and Bankruptcy Code, 2016. Some of the creditors have also approached the Court for resolution. Learned counsel for the petitioner referred Sec. 96 of the Code for interim moratorium and submits that in the wake of said Sec. , proceedings under Sec. 138 of the Negotiable Instruments Act shall stand halted. He also relied upon the judgment of Apex Court in the case of P. Mohanraj and others Vs. Shah Brothers Ispat Private Limited, (2021) 6 SCC 258 and submits that the said judgment deals in respect of interim moratorium vis a vis proceedings under Sec. 138 of the Negotiable Instruments Act. According to him, present proceedings cannot move in view of the said provision and the judgment of Apex Court.

(2.) Issue notice to the respondent on payment of process fee within seven days by RAD mode, returnable within four weeks. A s an interim measure, till next date of hearing, trial pending before JMFC, Bhind in respect of present petitioner shall remain stayed. List in the month of December, 2023.