https://www.taxtmi.com/caselaws?id=260224 Section 482 CrPC should not be used to quash Section 138 NI Act complaints where the objections turn on disputed facts. Specific averments for vicarious liability of company officers were noted, but the Court declined a detailed factual appraisal at the advanced evidence stage and left that question to trial. Claims that the cheques were only security cheques, or that no legally enforceable liability existed, likewise required evidence and could not defeat the prosecution at the quashing stage. The FEMA and RBI permission objections also involved factual controversy and did not show abuse of process, so the complaints were allowed to proceed. en-us Mon, 11 May 2015 00:00:00 +0530 Fri, 05 Jun 2015 13:27:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=260224 Section 482 CrPC should not be used to quash Section 138 NI Act complaints where the objections turn on disputed facts. Specific averments for vicarious liability of company officers were noted, but the Court declined a detailed factual appraisal at the advanced evidence stage and left that question to trial. Claims that the cheques were only security cheques, or that no legally enforceable liability existed, likewise required evidence and could not defeat the prosecution at the quashing stage. The FEMA and RBI permission objections also involved factual controversy and did not show abuse of process, so the complaints were allowed to proceed. Case-Laws Indian Laws Mon, 11 May 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=260224