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Supreme Court Refers IBC vs Section 138 NI Act Conflict to Larger Bench Over Moratorium Applicability

Target:UPSC GS-IIMPSCBankingSSC GATeachingPrelims HighMains HighStatic GK Link
04 Jun 2026
~2 min
Source: Indian Express
Key Data:May 27, 2026Sections 96 & 101 IBCSection 138 NI Act
Bodies:Supreme Court of India
Practice MCQs from today's news ▸
What This Article Covers

1.The Supreme Court (Justices JB Pardiwala and KV Viswanathan) on May 27, 2026, referred the question of IBC moratorium applicability to Section 138 NI Act cases to a larger bench.

2.The core conflict is between the IBC's objective of orderly asset distribution and Section 138's dual nature of criminal deterrence and compensatory restitution.

3.The referral stems from conflicting precedents: P Mohanraj (2021) called Section 138 a 'civil sheep in criminal wolf's clothing', while Rakesh Bhanot (2025) held moratoriums cannot stall criminal prosecution.

The Big Picture
Prelims · HighMains · High

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.

Exam Lens

Quick Exam Facts From News

Key Date of SC OrderMay 27, 2026
Supreme Court BenchJustices JB Pardiwala and KV Viswanathan
Key Legal Provision (IBC)Sections 96 & 101 (Moratorium)
Key Legal Provision (NI Act)Section 138 (Cheque Bounce)

1-Minute Revision

  • ›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).

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

The Insolvency and Bankruptcy Code (IBC), which is central to the news, was enacted in which year?

Q2Statement-basedHard

Consider the following statements regarding the legal conflict discussed in the news:

1. The Supreme Court has referred the question of whether the moratorium under the IBC applies to proceedings under Section 138 of the Negotiable Instruments Act to a larger bench.

2. The bench in the case of P Mohanraj v. Shah Bros Ispat (2021) held that the moratorium was meant to postpone civil actions to recover debt, not to stall criminal prosecution under Section 138.

3. Section 138 of the Negotiable Instruments Act makes dishonouring a cheque a compoundable criminal offence.

Which of the statements given above is/are correct?

Q3Data-centricMedium

As per the article, on which date did the Supreme Court bench of Justices JB Pardiwala and KV Viswanathan refer the IBC-Section 138 conflict to a larger bench?

Q4Application/ImpactMedium

What is the primary legal reason, as suggested by the Supreme Court bench, for which the compensatory aspect of a Section 138 proceeding might be paused under an IBC moratorium?

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