https://www.taxtmi.com/caselaws?id=386675 In a cheque dishonour complaint, admitted signature on cheques issued under consent settlement terms and dishonoured on stop-payment instructions disclosed a prima facie offence under Section 138 of the Negotiable Instruments Act. At the stage of issuance of process, the Magistrate was required only to see whether the complaint contained the ingredients of the offence; disputed defences such as coercion, duress, or challenge to the settlement had to be tested at trial. The statutory presumption under Section 139 operated in favour of the holder, and the petitioner was left to rebut it in evidence. The process orders were therefore upheld and interference was declined. en-us Thu, 03 Oct 2019 00:00:00 +0530 Fri, 04 Oct 2019 16:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=386675 In a cheque dishonour complaint, admitted signature on cheques issued under consent settlement terms and dishonoured on stop-payment instructions disclosed a prima facie offence under Section 138 of the Negotiable Instruments Act. At the stage of issuance of process, the Magistrate was required only to see whether the complaint contained the ingredients of the offence; disputed defences such as coercion, duress, or challenge to the settlement had to be tested at trial. The statutory presumption under Section 139 operated in favour of the holder, and the petitioner was left to rebut it in evidence. The process orders were therefore upheld and interference was declined. Case-Laws Indian Laws Thu, 03 Oct 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=386675