https://www.taxtmi.com/caselaws?id=354004 A complaint under Section 138 read with Section 141 of the Negotiable Instruments Act could not be quashed under Section 482 CrPC merely on the plea that the cheques were issued as security and no enforceable debt existed. The Court treated whether liability had arisen, and whether the cheques were only security, as disputed questions of fact for trial. It held that the statutory presumption under Section 139 operated at the threshold, and the accused must rebut it through evidence. The challenge to the complaint and summoning order therefore failed. en-us Fri, 01 Dec 2017 00:00:00 +0530 Tue, 16 Jan 2018 09:26:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=354004 A complaint under Section 138 read with Section 141 of the Negotiable Instruments Act could not be quashed under Section 482 CrPC merely on the plea that the cheques were issued as security and no enforceable debt existed. The Court treated whether liability had arisen, and whether the cheques were only security, as disputed questions of fact for trial. It held that the statutory presumption under Section 139 operated at the threshold, and the accused must rebut it through evidence. The challenge to the complaint and summoning order therefore failed. Case-Laws Indian Laws Fri, 01 Dec 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=354004