https://www.taxtmi.com/caselaws?id=411041 In a Section 482 CrPC challenge to a Section 138 NI Act complaint, the Allahabad HC held that a defence that the cheque was post-dated and allegedly not issued towards a legally enforceable debt could not be examined at the quashing stage because the statutory presumptions under Sections 139 and 140 operate and the issue must be tested at trial. It also noted that the offence remains compoundable under Section 147 NI Act and directed that, if a compounding application is moved within ten days, the trial court should decide it in accordance with Supreme Court precedent, while no coercive arrest was to be made for that period. en-us Tue, 10 Aug 2021 00:00:00 +0530 Mon, 16 Aug 2021 09:14:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=411041 In a Section 482 CrPC challenge to a Section 138 NI Act complaint, the Allahabad HC held that a defence that the cheque was post-dated and allegedly not issued towards a legally enforceable debt could not be examined at the quashing stage because the statutory presumptions under Sections 139 and 140 operate and the issue must be tested at trial. It also noted that the offence remains compoundable under Section 147 NI Act and directed that, if a compounding application is moved within ten days, the trial court should decide it in accordance with Supreme Court precedent, while no coercive arrest was to be made for that period. Case-Laws Indian Laws Tue, 10 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=411041