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    <title>2005 (2) TMI 882 - Supreme Court</title>
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    <description>Proceedings under Section 138 of the Negotiable Instruments Act cannot be quashed under Section 482 of the Code of Criminal Procedure on the basis of a disputed factual defence. The complaint had been quashed on the assumption that it was filed beyond time after dishonour, but that ground had not been raised in the quashing petition and turned on contested facts, including whether notice was issued only once and whether the complaint was within limitation. The Supreme Court held that such factual disputes could not be decided in quashing proceedings, and the complaint was required to proceed in accordance with law.</description>
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      <title>2005 (2) TMI 882 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=198571</link>
      <description>Proceedings under Section 138 of the Negotiable Instruments Act cannot be quashed under Section 482 of the Code of Criminal Procedure on the basis of a disputed factual defence. The complaint had been quashed on the assumption that it was filed beyond time after dishonour, but that ground had not been raised in the quashing petition and turned on contested facts, including whether notice was issued only once and whether the complaint was within limitation. The Supreme Court held that such factual disputes could not be decided in quashing proceedings, and the complaint was required to proceed in accordance with law.</description>
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