https://www.taxtmi.com/caselaws?id=196637 In a prosecution under Section 138 of the Negotiable Instruments Act, once cheque issuance, dishonour and statutory notice are shown, presumptions under Sections 118 and 139 operate in favour of legally enforceable liability. The accused's challenge that the cheque was not issued for a recoverable debt, and that the underlying claim for advocate's fee and litigation expenses was unenforceable, raised disputed factual and legal questions requiring trial. Those issues could not be conclusively determined in a petition under Section 482 of the Code of Criminal Procedure. The complaint was therefore not liable to be quashed at the threshold, and the defence was left to be raised before the trial court. en-us Wed, 14 Oct 2015 00:00:00 +0530 Sun, 10 Dec 2017 16:49:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196637 In a prosecution under Section 138 of the Negotiable Instruments Act, once cheque issuance, dishonour and statutory notice are shown, presumptions under Sections 118 and 139 operate in favour of legally enforceable liability. The accused's challenge that the cheque was not issued for a recoverable debt, and that the underlying claim for advocate's fee and litigation expenses was unenforceable, raised disputed factual and legal questions requiring trial. Those issues could not be conclusively determined in a petition under Section 482 of the Code of Criminal Procedure. The complaint was therefore not liable to be quashed at the threshold, and the defence was left to be raised before the trial court. Case-Laws Indian Laws Wed, 14 Oct 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196637