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        Case ID :
        Indian Laws

        HC dismissed criminal revision petition challenging cheque...

        Legal Challenge Fails: Cheque Dishonour Case Proceeds with Presumption of Validity Under Section 138 NI Act

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC dismissed criminal revision petition challenging cheque dishonour proceedings under Section 138 of Negotiable Instruments Act. Court held that at process issuance stage, presumption under Section 139 operates in complainant's favor. Disputed factual questions regarding prior civil settlement cannot be adjudicated during preliminary proceedings. Mere absence of supporting evidence by complainant does not automatically invalidate criminal complaint. Petitioner's contentions regarding complete resolution of disputes were deemed premature, requiring full trial examination. Petition rejected, criminal proceedings allowed to continue.
                                Note: It is a system-generated summary and is for quick reference only.
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