https://www.taxtmi.com/caselaws?id=411802 A complaint under Section 138 of the Negotiable Instruments Act, 1881 and the accompanying summoning order cannot be quashed under Section 482 CrPC merely on allegations of failure of consideration, frustration of contract due to COVID-19, or absence of detailed reasons at the summoning stage. Where the complaint discloses that the cheque was issued against a liability arising from the licence deed and the Magistrate has found the Sections 138 and 142 requirements satisfied, those objections remain matters of defence for trial. At the stage of issuing process, the Magistrate need only form an opinion on the material before the court; detailed reasons are not required. The summoning order was therefore found to suffer from no legal infirmity. en-us Fri, 13 Aug 2021 00:00:00 +0530 Thu, 02 Sep 2021 16:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=411802 A complaint under Section 138 of the Negotiable Instruments Act, 1881 and the accompanying summoning order cannot be quashed under Section 482 CrPC merely on allegations of failure of consideration, frustration of contract due to COVID-19, or absence of detailed reasons at the summoning stage. Where the complaint discloses that the cheque was issued against a liability arising from the licence deed and the Magistrate has found the Sections 138 and 142 requirements satisfied, those objections remain matters of defence for trial. At the stage of issuing process, the Magistrate need only form an opinion on the material before the court; detailed reasons are not required. The summoning order was therefore found to suffer from no legal infirmity. Case-Laws Indian Laws Fri, 13 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=411802