CHARANBIR SINGH SETHI Vs. POOJA SHARMA

JUDGEMENT

(1.) This order shall dispose of above mentioned two petitions as they arise out of the same complaint and impugned orders.

(2.) The petitioners are seeking quashing of Complaint bearing NACT No.68 of 2020 dtd. 24/1/2020 titled as 'Pooja Sharma Vs. C and C Towers Ltd. and others' (Annexure P-2) filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act') by respondent No.1-complainant, pending before learned Judicial Magistrate 1st Class, Khanna, District Ludhiana, summoning order dtd. 3/9/2021 (Annexure P-1) and bailable warrants issued vide order dtd. 22/3/2023 (Annexure P-5).

(3.) Learned counsel for the petitioners submits that the petitioners are Directors of M/s C and C Towers Limited, respondent No.3 company (hereinafter referred as to 'Corporate Debtor'). Learned counsel contends that prior to the institution of the complaint in question, proceedings under Sec. 7 of the Insolvency and Bankruptcy Code, 2019 (hereinafter referred to as 'the IBC') had been instituted against the Corporate Debtor and Corporate Insolvency Resolution Process (hereinafter referred to as 'CIRP'), as per the provisions of the IBC, had commenced against respondent No.2. Resultantly, vide order dtd. 10/10/2019, moratorium in terms of Sec. 14(1) of the IBC had been declared by the National Company Law Tribunal (hereinafter referred to as 'NCLT'), Chandigarh, pursuant to which one Amit Gupta was appointed as an Interim Resolution Professional (IRP) of the Corporate Debtor, as per provisions of Sec. 16(5) of the IBC. Later one Gaurav Khanna was appointed as Resolution Professional (RP) of the Corporate Debtor.