https://www.taxtmi.com/caselaws?id=408092 A complaint under Section 138 of the Negotiable Instruments Act was not quashed under Section 482 CrPC because the cheque was alleged to have been issued by the accused and was dishonoured for insufficiency of funds, disclosing a prima facie case. The defence that the cheque was only security, that no legally enforceable debt existed, and that the lease arrangement and possession issues defeated liability raised disputed questions of fact requiring evidence. Those contentions could not be conclusively decided in quashing proceedings and had to be tested at trial. The prosecution was therefore permitted to continue. en-us Mon, 22 Mar 2021 00:00:00 +0530 Mon, 31 May 2021 08:36:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=408092 A complaint under Section 138 of the Negotiable Instruments Act was not quashed under Section 482 CrPC because the cheque was alleged to have been issued by the accused and was dishonoured for insufficiency of funds, disclosing a prima facie case. The defence that the cheque was only security, that no legally enforceable debt existed, and that the lease arrangement and possession issues defeated liability raised disputed questions of fact requiring evidence. Those contentions could not be conclusively decided in quashing proceedings and had to be tested at trial. The prosecution was therefore permitted to continue. Case-Laws Indian Laws Mon, 22 Mar 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=408092