https://www.taxtmi.com/caselaws?id=395278 A complaint under Section 138 of the Negotiable Instruments Act, 1881 supported by the cheque, dishonour memo, notice and postal records disclosed a prima facie case of dishonour for insufficiency of funds. Disputes about whether the cheque was issued, whether statutory notice was actually served, and whether the complaint was premature were treated as questions of fact. The HC held that such issues cannot be resolved in proceedings under Section 482 of the Code of Criminal Procedure, 1973 and must be tested at trial. Service of notice sent by registered post to the correct address could not be rejected at the quashing stage, so the complaint and summoning order were not quashed. en-us Tue, 28 Jan 2020 00:00:00 +0530 Thu, 14 May 2020 15:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=395278 A complaint under Section 138 of the Negotiable Instruments Act, 1881 supported by the cheque, dishonour memo, notice and postal records disclosed a prima facie case of dishonour for insufficiency of funds. Disputes about whether the cheque was issued, whether statutory notice was actually served, and whether the complaint was premature were treated as questions of fact. The HC held that such issues cannot be resolved in proceedings under Section 482 of the Code of Criminal Procedure, 1973 and must be tested at trial. Service of notice sent by registered post to the correct address could not be rejected at the quashing stage, so the complaint and summoning order were not quashed. Case-Laws Indian Laws Tue, 28 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=395278