https://www.taxtmi.com/caselaws?id=400321 A complaint under the Negotiable Instruments Act could not be quashed in inherent jurisdiction where the accused raised disputed factual pleas about cheque misuse, absence of legally enforceable liability, and exclusion under a memorandum of understanding. The court held that such objections require evidence and cannot be decided at the threshold in a mini trial. Statutory presumptions under Section 139, read with Section 118(a), continue to operate unless rebutted in trial, and a defence version alone is insufficient to displace them. The record also did not support the claims of absence of notice or improper recording of the complainant's statement. The petition therefore failed. en-us Tue, 27 Oct 2020 00:00:00 +0530 Wed, 04 Nov 2020 09:17:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=400321 A complaint under the Negotiable Instruments Act could not be quashed in inherent jurisdiction where the accused raised disputed factual pleas about cheque misuse, absence of legally enforceable liability, and exclusion under a memorandum of understanding. The court held that such objections require evidence and cannot be decided at the threshold in a mini trial. Statutory presumptions under Section 139, read with Section 118(a), continue to operate unless rebutted in trial, and a defence version alone is insufficient to displace them. The record also did not support the claims of absence of notice or improper recording of the complainant's statement. The petition therefore failed. Case-Laws Indian Laws Tue, 27 Oct 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=400321