# In the matter of Narinder Garg & Others Petitioners Vs. Kotak Mahindra Bank Ltd. & Others Writ Petition (Civil) No.93 of 2022 with W.P. (C) No.300 of 2020

> SC judgment dated 2022-03-28. Citation: TCN-2022-SC-00061. The writ petition was filed seeking to quash criminal complaints filed against the Petitioner…

- **Court:** SC
- **Order date:** 28 Mar 2022
- **Citation:** TCN-2022-SC-00061
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/narinder-garg-others-petitioners-vs-kotak-mahindra-bank-ltd-others-writ-petition-435c47b6

## Summary

### Background

The writ petition was filed seeking to quash criminal complaints filed against the Petitioner Company/Corporate Debtors and its Directors under Section 138 of the Negotiable Instruments Act, 1881. The complaints were pending before the Judicial Magistrate/Chief Metropolitan Magistrate/Judicial Magistrate of 1st Class. The basis for seeking the quashing was the approval of the Resolution Plan by the CoC under Section 30(4) of the Code, and the acceptance of the approved Resolution Plan by the Respondent Complainants. The petitioners argued that the criminal complaints initiated after the order of moratorium dated 13.11.2018 passed by the National Company Law Tribunal, Chandigarh in CP (IB) No.119/Chd/Chd/2018 should also be quashed.

## Facts

The petitioners filed a writ petition seeking to quash criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, against the Petitioner Company/Corporate Debtors and its Directors. These complaints were pending before various judicial magistrates. The basis for the petition was the approval of a Resolution Plan by the CoC under Section 30(4) of the Insolvency and Bankruptcy Code (IBC), and its acceptance by the Respondent Complainants. The petitioners argued that the acceptance of the resolution plan, which included the dues of the original complainant, should obliterate any pending trials under Sections 138 and 141 of the Negotiable Instruments Act. The petitioners also sought to quash criminal complaints initiated after the moratorium order dated

…

## Issues and analysis

### Issue 1: Whether the criminal complaints filed under Section 138 of the Negotiable Instruments Act against …

**Ratio:** The acceptance of the resolution plan, in which the dues of the original complainant were

…

**Reasoning:** The court relied on the submissions made by Mr. Gopal Sankaranarayanan, learned Senior

…

**Interpretation:** The interpretation is that once a resolution plan is approved and accepted, it

…

**Application:** In this case, the resolution plan was approved and accepted, and the dues of

…

## Parties

- **Judges:** UDAY UMESH…; S. Ravindr…; +1 more
- **Appellants:** NARINDER GARG &…
- **Respondents:** KOTAK MAHINDRA…

## Timeline

- **2018-11-13 — Moratorium…**: Order of moratorium passed by the National Company Law Tribunal, Chandigarh in CP (IB)…
- **2020-03-18 — NCLT Ord…**: Order dated 18.3.2020 passed by the National Company Law Tribunal, Chandigarh in C.A.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 138 — Discharge order](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-138)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/narinder-garg-others-petitioners-vs-kotak-mahindra-bank-ltd-others-writ-petition-435c47b6