https://www.taxtmi.com/caselaws?id=412212 A criminal complaint under Section 138 of the Negotiable Instruments Act was not liable to be quashed under Section 482 CrPC where the accused contended that the cheque was issued only as security and that the underlying liability was disputed. The Court held that questions about the compromise memo, alleged coercion, the character of the cheque, and the existence of a legally enforceable debt involved contested facts requiring evidence. Because such defences could not be conclusively decided at the quashing stage, the complaint was allowed to proceed to trial, leaving the petitioner to raise all factual and legal defences before the trial court. en-us Wed, 25 Aug 2021 00:00:00 +0530 Fri, 10 Sep 2021 18:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=412212 A criminal complaint under Section 138 of the Negotiable Instruments Act was not liable to be quashed under Section 482 CrPC where the accused contended that the cheque was issued only as security and that the underlying liability was disputed. The Court held that questions about the compromise memo, alleged coercion, the character of the cheque, and the existence of a legally enforceable debt involved contested facts requiring evidence. Because such defences could not be conclusively decided at the quashing stage, the complaint was allowed to proceed to trial, leaving the petitioner to raise all factual and legal defences before the trial court. Case-Laws Indian Laws Wed, 25 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=412212