Supreme Court of India
Vishnoo Mittal v. M/s Shakti Trading Company
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered view that the High Court ought to have quashed the case against the appellant by exercising its power under section 482 of the CrPC.
Judgment, page 9
From the headnote
Issue for Consideration Whether the High Court was justified in relying upon P. Mohan Raj case which held that the immunity granted by the moratorium order issued under Section 14, IBC can only be obtained by a Corporate Debtor and not by a natural person such as the present appellant, while dismissing the s.482 application filed by the appellant for quashing of proceedings initiated u/s.138 of Negotiable Instruments Act, 1881. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Negotiable Instruments Act, 1881 – s.138 – Insolvency and Bankruptcy Code, 2016 – ss.14, 17 – Moratorium order
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