https://www.taxtmi.com/caselaws?id=386878 A complaint under Section 138 of the Negotiable Instruments Act was not quashed where the cheque was dishonoured with the remark that the account was closed. The drawer's plea that the account had been closed before the cheque date, and that the payee knew of it, was not clearly established from the record and required evidence. The Court held that such disputed facts could not be determined in quashing proceedings, and the statutory presumption in cheque cases continued to support prosecution at the trial stage. The summoning order was therefore upheld and the criminal complaint was permitted to proceed. en-us Thu, 10 Oct 2019 00:00:00 +0530 Fri, 11 Oct 2019 11:05:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=386878 A complaint under Section 138 of the Negotiable Instruments Act was not quashed where the cheque was dishonoured with the remark that the account was closed. The drawer's plea that the account had been closed before the cheque date, and that the payee knew of it, was not clearly established from the record and required evidence. The Court held that such disputed facts could not be determined in quashing proceedings, and the statutory presumption in cheque cases continued to support prosecution at the trial stage. The summoning order was therefore upheld and the criminal complaint was permitted to proceed. Case-Laws Indian Laws Thu, 10 Oct 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=386878