https://www.taxtmi.com/caselaws?id=411243 In proceedings under Section 138 of the Negotiable Instruments Act, 1881, a defence that the cheque and bank account belonged to the applicant's father, while the applicant's signatures were undisputed, was held to be a matter for trial and not a basis for quashing under Section 482 CrPC. The Court stated that such a pre-trial defence could not be finally adjudicated at the quashing stage, leaving the applicant free to prove it before the trial court. It also held that a Magistrate cannot review its own order taking cognizance or issuing summons, and the revisional court could not direct reconsideration on the basis of the accused's defence. The complaint was allowed to continue. en-us Tue, 13 Jul 2021 00:00:00 +0530 Fri, 20 Aug 2021 08:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=411243 In proceedings under Section 138 of the Negotiable Instruments Act, 1881, a defence that the cheque and bank account belonged to the applicant's father, while the applicant's signatures were undisputed, was held to be a matter for trial and not a basis for quashing under Section 482 CrPC. The Court stated that such a pre-trial defence could not be finally adjudicated at the quashing stage, leaving the applicant free to prove it before the trial court. It also held that a Magistrate cannot review its own order taking cognizance or issuing summons, and the revisional court could not direct reconsideration on the basis of the accused's defence. The complaint was allowed to continue. Case-Laws Indian Laws Tue, 13 Jul 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=411243