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The HC dismissed the petition under Section 482 CrPC seeking quashing of summoning orders in a Section 138 NI Act prosecution. The court found the cheque issuance and dishonour admitted by the petitioners and the return memo on record; accordingly the rebuttable statutory presumption under Section 139 NI Act was prima facie attracted that the cheque was issued for a legally enforceable debt or liability. The petitioners' denial that the cheque did not discharge a debt was held to raise triable issues which cannot be resolved on a Section 482 application. Exercising its inherent jurisdiction sparingly, the HC declined to quash the proceedings and dismissed the petition.
The HC dismissed the petition under Section 482 CrPC seeking quashing of summoning orders in a Section 138 NI Act prosecution. The court found the cheque issuance and dishonour admitted by the petitioners and the return memo on record; accordingly the rebuttable statutory presumption under Section 139 NI Act was prima facie attracted that the cheque was issued for a legally enforceable debt or liability. The petitioners' denial that the cheque did not discharge a debt was held to raise triable issues which cannot be resolved on a Section 482 application. Exercising its inherent jurisdiction sparingly, the HC declined to quash the proceedings and dismissed the petition.
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