https://www.taxtmi.com/caselaws?id=286622 In prosecutions under Section 138 of the Negotiable Instruments Act, disputes over whether cheques were only security cheques, whether a legally enforceable debt survived a receivables assignment and repurchase arrangement, and whether the complaint remained maintainable despite assignment of receivables were held to require evidence. The court treated these objections as contested factual and mixed questions of fact and law that could not be conclusively resolved in inherent jurisdiction under Section 482 CrPC. As the defence depended on disputed material rather than sterling, unimpeachable documents, quashing was declined and the complaint and summoning process were allowed to proceed to trial. en-us Sun, 03 Mar 2019 00:00:00 +0530 Fri, 06 Mar 2020 10:45:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286622 In prosecutions under Section 138 of the Negotiable Instruments Act, disputes over whether cheques were only security cheques, whether a legally enforceable debt survived a receivables assignment and repurchase arrangement, and whether the complaint remained maintainable despite assignment of receivables were held to require evidence. The court treated these objections as contested factual and mixed questions of fact and law that could not be conclusively resolved in inherent jurisdiction under Section 482 CrPC. As the defence depended on disputed material rather than sterling, unimpeachable documents, quashing was declined and the complaint and summoning process were allowed to proceed to trial. Case-Laws Indian Laws Sun, 03 Mar 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286622