https://www.taxtmi.com/caselaws?id=415409 The SC dismissed an appeal challenging proceedings under Section 138 of the NI Act for cheque dishonor. The Court held that debt includes legally enforceable obligations and post-dated cheques issued after debt incurrence are covered. Under Section 202 CrPC, magistrates can postpone process issuance for inquiry without recording reasons. Section 145 permits complainant evidence by affidavit to expedite trials. Directors can be charged under Section 141 if they were in-charge during the offense, with determination being a trial matter. The magistrate's discretion in issuing process was upheld, and grounds raised by appellants were deemed trial defenses. en-us Fri, 03 Dec 2021 00:00:00 +0530 Tue, 07 Jan 2025 15:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=415409 The SC dismissed an appeal challenging proceedings under Section 138 of the NI Act for cheque dishonor. The Court held that debt includes legally enforceable obligations and post-dated cheques issued after debt incurrence are covered. Under Section 202 CrPC, magistrates can postpone process issuance for inquiry without recording reasons. Section 145 permits complainant evidence by affidavit to expedite trials. Directors can be charged under Section 141 if they were in-charge during the offense, with determination being a trial matter. The magistrate's discretion in issuing process was upheld, and grounds raised by appellants were deemed trial defenses. Case-Laws Indian Laws Fri, 03 Dec 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=415409