https://www.taxtmi.com/caselaws?id=362540 In a Section 482 CrPC challenge to a Section 138 NI Act prosecution, the HC held that the question whether the cheque was issued in discharge of a legally enforceable debt depended on prima facie materials and disputed facts arising from the sale transaction. The complaint alleged that the cheque represented part payment of the balance sale consideration, so the issue could not be conclusively decided at the cognizance stage. The Court treated the liability question as one for evidence at trial and held that quashing was not warranted on that ground, leaving the accused to raise all factual objections before the trial court. en-us Thu, 07 Jun 2018 00:00:00 +0530 Thu, 28 Jun 2018 10:40:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=362540 In a Section 482 CrPC challenge to a Section 138 NI Act prosecution, the HC held that the question whether the cheque was issued in discharge of a legally enforceable debt depended on prima facie materials and disputed facts arising from the sale transaction. The complaint alleged that the cheque represented part payment of the balance sale consideration, so the issue could not be conclusively decided at the cognizance stage. The Court treated the liability question as one for evidence at trial and held that quashing was not warranted on that ground, leaving the accused to raise all factual objections before the trial court. Case-Laws Indian Laws Thu, 07 Jun 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=362540