https://www.taxtmi.com/caselaws?id=374375 A challenge to a summoning order and criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 was not fit for quashing under Section 482 CrPC because the dispute raised contested facts and mixed questions of fact and law. The cheque was stated to represent a deferred instalment of the security deposit under the lease deed, and the liability was acknowledged at the inception of the contractual arrangement; on the admitted terms, it was not shown to be for unliquidated damages or a mere advance payment. The statutory presumption under Section 139 applied once issuance of the cheque was shown, and the petitioners failed to rebut it. The prosecution was allowed to proceed. en-us Tue, 22 Jan 2019 00:00:00 +0530 Fri, 01 Feb 2019 06:59:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=374375 A challenge to a summoning order and criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 was not fit for quashing under Section 482 CrPC because the dispute raised contested facts and mixed questions of fact and law. The cheque was stated to represent a deferred instalment of the security deposit under the lease deed, and the liability was acknowledged at the inception of the contractual arrangement; on the admitted terms, it was not shown to be for unliquidated damages or a mere advance payment. The statutory presumption under Section 139 applied once issuance of the cheque was shown, and the petitioners failed to rebut it. The prosecution was allowed to proceed. Case-Laws Indian Laws Tue, 22 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=374375