The Supreme Court has referred a crucial legal conflict to a larger bench: whether the moratorium under the Insolvency and Bankruptcy Code (IBC) can pause criminal proceedings for cheque bouncing under Section 138 of the Negotiable Instruments Act. This unresolved conflict impacts creditor rights and personal criminal accountability for company directors and individuals undergoing insolvency.
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- ›Key Date of SC Order: May 27, 2026
- ›Supreme Court Bench: Justices JB Pardiwala and KV Viswanathan
- ›Target this Legal Point: Sections 96 & 101 of IBC (Moratorium provisions for personal insolvency).
- ›Target this Legal Point: Section 138 of the Negotiable Instruments Act, 1881 (Cheque bounce offence).
- ›Target this Case Law: P Mohanraj v. Shah Bros Ispat (2021) - described Section 138 as 'a civil sheep in criminal wolf's clothing'.
- ›Target this Judicial Body: Supreme Court Bench of Justices JB Pardiwala and KV Viswanathan (Order dated May 27, 2026).
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