In Ortho Relief Hospital and Research Centre v. M/s. Anand Distilleries & Ors., the Bombay High Court addressed whether prior insolvency proceedings under the IBC barred criminal prosecution under Section 138 of the Negotiable Instruments Act. The petitioner had extended a loan of Rs. 15 lakhs to the company, secured by a post-dated cheque signed by the directors. After insolvency proceedings commenced in February 2018, the cheque was dishonoured, and a complaint under Section 138 NI Act was filed in February 2019. The Trial Court discharged the directors, citing prior IBC proceedings. The High Court held that Section 14 moratorium of the IBC applies only to the corporate debtor, not individual directors, and Section 138 proceedings are penal, not recovery-oriented. Directors remain personally liable even if the company’s debt is settled under the IBC. The Court quashed the Trial Court’s order discharging the accused, reaffirming that criminal liability under Section 138 is independent of insolvency processes, and proceedings against signatories continue as per law.