https://www.taxtmi.com/caselaws?id=279360 A complaint under Section 138 of the Negotiable Instruments Act may fail where the cheque is dishonoured on stop-payment instructions but the complaint does not disclose the full material facts needed to establish liability. The Court noted that the statutory notice process, the presumption under Section 139, and the surrounding dispute over the underlying debt must be properly pleaded. Because the complaint omitted the drawer's reply and other essential facts, the basic ingredients of the offence were not made out on the face of the record. In such circumstances, inherent jurisdiction may be used to prevent abuse of process and secure the ends of justice, and the proceedings may be quashed. en-us Thu, 08 Sep 2011 00:00:00 +0530 Thu, 14 Mar 2019 15:48:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279360 A complaint under Section 138 of the Negotiable Instruments Act may fail where the cheque is dishonoured on stop-payment instructions but the complaint does not disclose the full material facts needed to establish liability. The Court noted that the statutory notice process, the presumption under Section 139, and the surrounding dispute over the underlying debt must be properly pleaded. Because the complaint omitted the drawer's reply and other essential facts, the basic ingredients of the offence were not made out on the face of the record. In such circumstances, inherent jurisdiction may be used to prevent abuse of process and secure the ends of justice, and the proceedings may be quashed. Case-Laws Indian Laws Thu, 08 Sep 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279360