https://www.taxtmi.com/caselaws?id=369693 A complaint under Section 138 of the Negotiable Instruments Act, 1881 should not be dismissed at the preliminary stage under Section 203 CrPC where the complaint and supporting materials, such as the cheque, return memo and statutory notice, disclose prima facie grounds to proceed. At the Sections 202 and 203 stage, the Magistrate is confined to seeing whether sufficient ground exists for proceeding and cannot weigh evidence, resolve disputed questions of fact, or assess the accused's liability as if at trial. Disputed issues relating to the accused's role and other ingredients of liability must be decided in trial. On this footing, threshold dismissal was unsustainable. en-us Fri, 05 Oct 2018 00:00:00 +0530 Wed, 31 Oct 2018 17:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=369693 A complaint under Section 138 of the Negotiable Instruments Act, 1881 should not be dismissed at the preliminary stage under Section 203 CrPC where the complaint and supporting materials, such as the cheque, return memo and statutory notice, disclose prima facie grounds to proceed. At the Sections 202 and 203 stage, the Magistrate is confined to seeing whether sufficient ground exists for proceeding and cannot weigh evidence, resolve disputed questions of fact, or assess the accused's liability as if at trial. Disputed issues relating to the accused's role and other ingredients of liability must be decided in trial. On this footing, threshold dismissal was unsustainable. Case-Laws Indian Laws Fri, 05 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=369693