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    <title>2020 (11) TMI 399 - DELHI HIGH COURT</title>
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    <description>Where the defence to a cheque dishonour complaint depends on disputed facts, such as whether the cheque was issued only as security or as a blank cheque, the court will not quash proceedings under inherent jurisdiction. The statutory presumption under the Negotiable Instruments Act operates against the drawer, and whether the cheque was issued towards a debt or liability is a matter for trial and evidence. A signed blank cheque does not, by itself, defeat the complaint at the threshold. The challenge to the summoning order was rejected, and the defence was held to be triable in evidence, not in proceedings under Section 482 of the Code of Criminal Procedure.</description>
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      <title>2020 (11) TMI 399 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=400644</link>
      <description>Where the defence to a cheque dishonour complaint depends on disputed facts, such as whether the cheque was issued only as security or as a blank cheque, the court will not quash proceedings under inherent jurisdiction. The statutory presumption under the Negotiable Instruments Act operates against the drawer, and whether the cheque was issued towards a debt or liability is a matter for trial and evidence. A signed blank cheque does not, by itself, defeat the complaint at the threshold. The challenge to the summoning order was rejected, and the defence was held to be triable in evidence, not in proceedings under Section 482 of the Code of Criminal Procedure.</description>
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