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High Court exercised inherent jurisdiction sparingly to refuse...

Dishonour of cheque and security cheque: High Court refuses quash, preserves presumption of liability and trial.

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Indian Laws February 10, 2026 Case Laws HC
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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Acts Income Tax