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    <title>2008 (8) TMI 951 - DELHI HIGH COURT</title>
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    <description>A complaint under Section 138 of the Negotiable Instruments Act was examined for quashing under Section 482 CrPC on the grounds of alleged absence of consideration, delayed presentation, and use of an undated cheque. The cheque had been handed over in connection with a contract, so lack of consideration was not established at the quashing stage. Disputed questions about the underlying liability and validity of presentation were held to require trial. An undated cheque could be completed by the holder, and the six-month period was to run from the date written on the instrument. The statutory presumptions under Sections 139 and 141 supported continuation of the prosecution.</description>
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      <title>2008 (8) TMI 951 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=190994</link>
      <description>A complaint under Section 138 of the Negotiable Instruments Act was examined for quashing under Section 482 CrPC on the grounds of alleged absence of consideration, delayed presentation, and use of an undated cheque. The cheque had been handed over in connection with a contract, so lack of consideration was not established at the quashing stage. Disputed questions about the underlying liability and validity of presentation were held to require trial. An undated cheque could be completed by the holder, and the six-month period was to run from the date written on the instrument. The statutory presumptions under Sections 139 and 141 supported continuation of the prosecution.</description>
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      <pubDate>Mon, 29 Sep 2008 00:00:00 +0530</pubDate>
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