https://www.taxtmi.com/caselaws?id=345465 A cheque issued in connection with an existing legally enforceable liability can attract Section 138 of the Negotiable Instruments Act even if the drawer describes it as a security cheque. A bare defence that no liability existed raises a disputed factual issue and cannot ordinarily be resolved in proceedings under Section 482 CrPC. Where the complaint and surrounding material indicate a monetary obligation arising from the parties' arrangement, the statutory presumption under Section 139 operates in favour of the holder and can be rebutted only through evidence. On that basis, quashing at the threshold was held inappropriate. en-us Tue, 27 Jun 2017 00:00:00 +0530 Wed, 19 Jul 2017 10:17:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=345465 A cheque issued in connection with an existing legally enforceable liability can attract Section 138 of the Negotiable Instruments Act even if the drawer describes it as a security cheque. A bare defence that no liability existed raises a disputed factual issue and cannot ordinarily be resolved in proceedings under Section 482 CrPC. Where the complaint and surrounding material indicate a monetary obligation arising from the parties' arrangement, the statutory presumption under Section 139 operates in favour of the holder and can be rebutted only through evidence. On that basis, quashing at the threshold was held inappropriate. Case-Laws Indian Laws Tue, 27 Jun 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=345465