Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
IBC proceedings no bar to cheque-bounce prosecution against directors under Section 138 NI Act: Bombay HC
Update / Judgement Date
07 Oct 2025
Source
Author
Team — WCP Legal Desk
Reading Time
1 min read
The Bombay High Court held that ongoing insolvency proceedings under the IBC do not shield company directors from criminal liability under Section 138 of the Negotiable Instruments Act for dishonoured cheques. The ruling clarified that insolvency moratorium applies to corporate debtors but does not extend to personal criminal liability of officers. This judgment reinforces creditor remedies, preserves deterrence under cheque-bounce laws, and harmonises the interplay between insolvency law and criminal prosecution.