# In the matter of Ashok B.Jeswan & Ors. vs. Redington India Limited

> HC judgment dated 2023-12-07. Citation: TCN-2023-HC-00009. The Criminal Original Petition was filed under Section 482 of the Criminal Procedure Code (Cr.P.C.)…

- **Court:** HC
- **Order date:** 7 Dec 2023
- **Citation:** TCN-2023-HC-00009
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/ashok-bjeswan-ors-vs-redington-india-limited-05c74521

## Summary

### Background

The Criminal Original Petition was filed under Section 482 of the Criminal Procedure Code (Cr.P.C.) to set aside the docket order passed on September 22, 2023, in C.A.No.405 of 2023, which was pending before the XXI Additional City Civil Court at Allikulam, Chennai. The petitioners, who are the second and third accused, were convicted in a private complaint initiated under Section 138 of the Negotiable Instruments Act, 1881. They, along with the first accused company, had preferred an appeal against the conviction and sentence, which was pending before the Session Court at Chennai. The petitions filed for suspension of sentence were allowed on conditions to deposit 20% of the compensation amount. The petitioners did not comply with these conditions and instead cited

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## Facts

Ashok B. Jeswani and Kishore B. Jeswani, directors of M/s Pacific Infotech Private Limited, were convicted under Section 138 of the Negotiable Instruments Act, 1881, for issuing cheques without sufficient funds and instructing the bank to stop payment. The trial court sentenced them to simple imprisonment for nine months and ordered them to jointly pay the cheque amount as compensation to the complainant, M/s Redington India Limited. They filed an appeal against the conviction and sentence, along with an application to suspend the sentence. The Principal Session Judge at Chennai allowed the application for suspension of sentence on the condition that they deposit 20% of the compensation amount. Instead of complying with this condition, the petitioners filed a memo

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## Issues and analysis

### Issue 1: Whether the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code (IBC) extends …

**Ratio:** The moratorium under the IBC is primarily intended for the corporate debtor and does not

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**Reasoning:** The court reasoned that extending the moratorium to the directors would lead to an absurd

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**Interpretation:** Section 14 of the IBC provides for a moratorium during the corporate insolvency

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**Application:** In this case, the petitioners, being the directors of the company, sought to

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## Parties

- **Judges:** DR.JUSTICE…
- **Appellants:** Ashok B.J…
- **Respondents:** M/s Pacific…; M/s Redington…
- **Other parties:** Kohi…
- **Advocates:** Mr.S.Su…; Mr.V.T.Nare…

## Timeline

- **1881-01-01 — Negotiable Instruments…**: The Negotiable Instruments Act,…
- **2023-09-22 — Docket Order…**: Docket order passed in C.A.No.405 of 2023,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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