https://www.taxtmi.com/caselaws?id=412214 Where cheque issuance is admitted, the statutory presumption under Section 139 of the Negotiable Instruments Act supports the complaint, and allegations that the cheque was only a security instrument or that the liability was fully settled raise disputed questions of fact. Such disputes require evidence and cannot be resolved in the exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure. The High Court therefore declined to quash the Section 138 prosecution at the threshold and allowed the complaint to proceed to trial. en-us Fri, 27 Aug 2021 00:00:00 +0530 Sat, 11 Sep 2021 10:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=412214 Where cheque issuance is admitted, the statutory presumption under Section 139 of the Negotiable Instruments Act supports the complaint, and allegations that the cheque was only a security instrument or that the liability was fully settled raise disputed questions of fact. Such disputes require evidence and cannot be resolved in the exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure. The High Court therefore declined to quash the Section 138 prosecution at the threshold and allowed the complaint to proceed to trial. Case-Laws Indian Laws Fri, 27 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=412214