https://www.taxtmi.com/caselaws?id=393373 In a cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act, a quashing petition under Section 482 CrPC cannot be used to decide disputed defences such as a security cheque plea or alleged alteration in the cheque leaf. The procedural scheme under Sections 143 to 147 of the NI Act is treated as a special code for expeditious summary trial, and such defences fall within the accused's special knowledge and must be raised before the Magistrate, including through the prescribed procedural route and, where needed, an application for recall of witnesses. Because these issues require evidence, they are not fit for determination at the quashing stage, and the complaint proceedings were allowed to continue. en-us Thu, 05 Mar 2020 00:00:00 +0530 Sat, 14 Mar 2020 11:26:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=393373 In a cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act, a quashing petition under Section 482 CrPC cannot be used to decide disputed defences such as a security cheque plea or alleged alteration in the cheque leaf. The procedural scheme under Sections 143 to 147 of the NI Act is treated as a special code for expeditious summary trial, and such defences fall within the accused's special knowledge and must be raised before the Magistrate, including through the prescribed procedural route and, where needed, an application for recall of witnesses. Because these issues require evidence, they are not fit for determination at the quashing stage, and the complaint proceedings were allowed to continue. Case-Laws Indian Laws Thu, 05 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=393373