https://www.taxtmi.com/caselaws?id=400640 At the summoning stage in a Section 138 Negotiable Instruments Act prosecution, the Magistrate need only determine whether the complaint, statement under Section 200, and material under Section 202 disclose a prima facie case. Defences that the cheque was issued as security, that no liability existed, or that the complainant failed to explain the source of funds raise disputed questions of fact for trial and cannot justify quashing in inherent jurisdiction. The High Court reiterated that Section 482 CrPC must be used sparingly and not for detailed appreciation of evidence. On that basis, quashing was not warranted and the complaint was allowed to proceed. en-us Tue, 13 Oct 2020 00:00:00 +0530 Thu, 12 Nov 2020 12:11:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=400640 At the summoning stage in a Section 138 Negotiable Instruments Act prosecution, the Magistrate need only determine whether the complaint, statement under Section 200, and material under Section 202 disclose a prima facie case. Defences that the cheque was issued as security, that no liability existed, or that the complainant failed to explain the source of funds raise disputed questions of fact for trial and cannot justify quashing in inherent jurisdiction. The High Court reiterated that Section 482 CrPC must be used sparingly and not for detailed appreciation of evidence. On that basis, quashing was not warranted and the complaint was allowed to proceed. Case-Laws Indian Laws Tue, 13 Oct 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=400640