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    <title>2019 (5) TMI 1876 - GUJARAT HIGH COURT</title>
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    <description>A complaint under Section 138 of the Negotiable Instruments Act, 1881 was not quashed under Section 482 CrPC because it prima facie disclosed the ingredients of the offence. The accused&#039;s defences that the cheques were blank or security cheques, filled without authority, and that no legally enforceable debt existed raised disputed questions of fact requiring evidence. The Court held that at the quashing stage it examines the complaint as a whole for prima facie offence disclosure, not a detailed evaluation of defence material. As the objections were trial issues, the proceedings were permitted to continue.</description>
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      <link>https://www.taxtmi.com/caselaws?id=295805</link>
      <description>A complaint under Section 138 of the Negotiable Instruments Act, 1881 was not quashed under Section 482 CrPC because it prima facie disclosed the ingredients of the offence. The accused&#039;s defences that the cheques were blank or security cheques, filled without authority, and that no legally enforceable debt existed raised disputed questions of fact requiring evidence. The Court held that at the quashing stage it examines the complaint as a whole for prima facie offence disclosure, not a detailed evaluation of defence material. As the objections were trial issues, the proceedings were permitted to continue.</description>
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