https://www.taxtmi.com/caselaws?id=410360 A complaint under Section 138 of the Negotiable Instruments Act was not liable to be quashed under Section 482 CrPC or Article 226 where the cheque and signature were admitted and the complaint disclosed the foundational ingredients of the offence. The statutory presumption under Section 139 operated in favour of the cheque holder, and the defence that the signed cheque had been misused in a family and business dispute raised disputed factual questions that could not be conclusively resolved in quashing proceedings. Material supporting that defence required trial testing, and no exceptional abuse of process was shown. The complaint was therefore allowed to proceed to trial. en-us Thu, 01 Jul 2021 00:00:00 +0530 Fri, 30 Jul 2021 09:10:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=410360 A complaint under Section 138 of the Negotiable Instruments Act was not liable to be quashed under Section 482 CrPC or Article 226 where the cheque and signature were admitted and the complaint disclosed the foundational ingredients of the offence. The statutory presumption under Section 139 operated in favour of the cheque holder, and the defence that the signed cheque had been misused in a family and business dispute raised disputed factual questions that could not be conclusively resolved in quashing proceedings. Material supporting that defence required trial testing, and no exceptional abuse of process was shown. The complaint was therefore allowed to proceed to trial. Case-Laws Indian Laws Thu, 01 Jul 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=410360