Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
High Court exercised inherent jurisdiction sparingly to refuse quashing of a complaint under the Negotiable Instruments Act, holding that appreciation of evidence is impermissible at the quashing stage and disputed facts requiring trial cannot be decided on a Section 482 petition; outcome: the summons and complaint stand. The court relied on the statutory presumption that admitted signatures on cheques indicate issuance to discharge a legally enforceable liability, treating security cheques as valid acknowledgements of liability that may be used to discharge debt; consequence: petition dismissed while preserving the accused's right to rebut the presumption at trial.
High Court exercised inherent jurisdiction sparingly to refuse quashing of a complaint under the Negotiable Instruments Act, holding that appreciation of evidence is impermissible at the quashing stage and disputed facts requiring trial cannot be decided on a Section 482 petition; outcome: the summons and complaint stand. The court relied on the statutory presumption that admitted signatures on cheques indicate issuance to discharge a legally enforceable liability, treating security cheques as valid acknowledgements of liability that may be used to discharge debt; consequence: petition dismissed while preserving the accused's right to rebut the presumption at trial.
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