https://www.taxtmi.com/caselaws?id=416541 A plea that a Section 138 Negotiable Instruments Act complaint should be quashed because the mortgaged property was acquired and compensation was paid was rejected, as receipt of compensation did not by itself prove that the entire liability stood discharged. Section 73(2) of the Transfer of Property Act was noted as preserving the mortgagee's right to claim the mortgage money from the compensation, in whole or in part, so any shortfall remained a matter for trial. The Court also held that whether a legally enforceable debt survived raised disputed factual questions that could not ordinarily be decided in a Section 482 CrPC quashing petition; the statutory presumption would be tested at trial. en-us Tue, 21 Dec 2021 00:00:00 +0530 Sat, 01 Jan 2022 08:54:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=416541 A plea that a Section 138 Negotiable Instruments Act complaint should be quashed because the mortgaged property was acquired and compensation was paid was rejected, as receipt of compensation did not by itself prove that the entire liability stood discharged. Section 73(2) of the Transfer of Property Act was noted as preserving the mortgagee's right to claim the mortgage money from the compensation, in whole or in part, so any shortfall remained a matter for trial. The Court also held that whether a legally enforceable debt survived raised disputed factual questions that could not ordinarily be decided in a Section 482 CrPC quashing petition; the statutory presumption would be tested at trial. Case-Laws Indian Laws Tue, 21 Dec 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=416541