https://www.taxtmi.com/caselaws?id=342068 An arbitration clause in a lease agreement does not by itself bar prosecution under Section 138 of the Negotiable Instruments Act where the complaint otherwise discloses the offence. Questions whether the cheques were issued towards a legally enforceable debt, whether the lease had ended, whether possession was handed over, and whether stop-payment instructions or alleged sufficient balance defeated liability were treated as disputed defences for trial, not grounds for quashing. For director liability, basic averments under Section 141 were treated as sufficient at the threshold, and disputed issues about role or resignation required evidence. The complaints were therefore allowed to proceed. en-us Tue, 04 Apr 2017 00:00:00 +0530 Thu, 20 Apr 2017 15:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=342068 An arbitration clause in a lease agreement does not by itself bar prosecution under Section 138 of the Negotiable Instruments Act where the complaint otherwise discloses the offence. Questions whether the cheques were issued towards a legally enforceable debt, whether the lease had ended, whether possession was handed over, and whether stop-payment instructions or alleged sufficient balance defeated liability were treated as disputed defences for trial, not grounds for quashing. For director liability, basic averments under Section 141 were treated as sufficient at the threshold, and disputed issues about role or resignation required evidence. The complaints were therefore allowed to proceed. Case-Laws Indian Laws Tue, 04 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=342068