https://www.taxtmi.com/caselaws?id=287154 A demand notice under Section 138 of the Negotiable Instruments Act was held valid because, read as a whole, it clearly required payment of the cheque amount within the statutory time, even without detailing every aspect of the underlying debt. The complaint was also found not liable to be quashed under Section 482 CrPC, since it contained the foundational averments for a cheque dishonour prosecution and the accused's defences, including alleged theft of the cheque, absence of liability, and challenge to financial capacity, raised disputed factual questions unsuitable for quashing. The statutory presumption under Section 139 operated at that stage, so the petition challenging the complaint failed. en-us Mon, 20 May 2019 00:00:00 +0530 Wed, 01 Apr 2020 10:37:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287154 A demand notice under Section 138 of the Negotiable Instruments Act was held valid because, read as a whole, it clearly required payment of the cheque amount within the statutory time, even without detailing every aspect of the underlying debt. The complaint was also found not liable to be quashed under Section 482 CrPC, since it contained the foundational averments for a cheque dishonour prosecution and the accused's defences, including alleged theft of the cheque, absence of liability, and challenge to financial capacity, raised disputed factual questions unsuitable for quashing. The statutory presumption under Section 139 operated at that stage, so the petition challenging the complaint failed. Case-Laws Indian Laws Mon, 20 May 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287154