https://www.taxtmi.com/caselaws?id=156726 A complaint under the Negotiable Instruments Act cannot survive where its own averments show that the cheque was not drawn on an account maintained by the accused. The first foundational ingredient of Section 138 is that the cheque must be issued by a person on an account maintained by him, and all statutory ingredients must be present cumulatively. If the complaint on its face discloses absence of the basic offence ingredients, continuation of the proceedings would be an abuse of process, and inherent powers may be used to prevent miscarriage of justice. On those facts, the complaint was liable to be quashed. en-us Fri, 10 Jul 2009 00:00:00 +0530 Mon, 05 Dec 2022 16:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156726 A complaint under the Negotiable Instruments Act cannot survive where its own averments show that the cheque was not drawn on an account maintained by the accused. The first foundational ingredient of Section 138 is that the cheque must be issued by a person on an account maintained by him, and all statutory ingredients must be present cumulatively. If the complaint on its face discloses absence of the basic offence ingredients, continuation of the proceedings would be an abuse of process, and inherent powers may be used to prevent miscarriage of justice. On those facts, the complaint was liable to be quashed. Case-Laws Indian Laws Fri, 10 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156726