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The HC refused to quash criminal proceedings arising from cheque dishonour, holding that the statutory presumption under Section 139 of the NI Act in favour of the cheque-holder is rebuttable and the accused may discharge that burden by adducing evidence (including bank account records) even in Section 482 proceedings. The court reiterated that disputed questions of fact are inappropriate for threshold determination and must ordinarily be resolved at trial after evidence is led. Allegations that the cheque did not represent a legally enforceable debt constitute a defence, not a ground for summary quashing. Accordingly, the petition to quash was dismissed and the criminal prosecution is ordered to continue.
The HC refused to quash criminal proceedings arising from cheque dishonour, holding that the statutory presumption under Section 139 of the NI Act in favour of the cheque-holder is rebuttable and the accused may discharge that burden by adducing evidence (including bank account records) even in Section 482 proceedings. The court reiterated that disputed questions of fact are inappropriate for threshold determination and must ordinarily be resolved at trial after evidence is led. Allegations that the cheque did not represent a legally enforceable debt constitute a defence, not a ground for summary quashing. Accordingly, the petition to quash was dismissed and the criminal prosecution is ordered to continue.
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