https://www.taxtmi.com/caselaws?id=375457 In cheque dishonour prosecutions under Chapter XVII of the Negotiable Instruments Act, the accused cannot seek quashing under Section 482 CrPC on the basis of disputed defences that require evidence. The statutory scheme under Sections 118, 139, 143, 145 and 146 places the burden on the accused to raise and establish the defence before the trial court, and the High Court's inherent jurisdiction cannot be used to resolve contested questions of fact. Where the defence rests on alleged payment or absence of liability and needs oral and documentary proof, it is not suitable for adjudication at the quashing stage. The defence pleas must be tried by the magistrate. en-us Fri, 08 Feb 2019 00:00:00 +0530 Wed, 20 Feb 2019 06:22:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=375457 In cheque dishonour prosecutions under Chapter XVII of the Negotiable Instruments Act, the accused cannot seek quashing under Section 482 CrPC on the basis of disputed defences that require evidence. The statutory scheme under Sections 118, 139, 143, 145 and 146 places the burden on the accused to raise and establish the defence before the trial court, and the High Court's inherent jurisdiction cannot be used to resolve contested questions of fact. Where the defence rests on alleged payment or absence of liability and needs oral and documentary proof, it is not suitable for adjudication at the quashing stage. The defence pleas must be tried by the magistrate. Case-Laws Indian Laws Fri, 08 Feb 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=375457