https://www.taxtmi.com/caselaws?id=418102 In a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act, disputed defences such as alleged misuse of the cheque, account closure, and absence of a legally enforceable debt cannot ordinarily be conclusively determined in proceedings under Section 482 of the Code of Criminal Procedure. The drawer may rebut the statutory presumption by leading evidence at trial, but those factual controversies are not fit for quashing at the threshold. Mere closure of the account does not, by itself, eliminate liability at this stage, and the complaint was permitted to proceed to trial. en-us Tue, 25 Jan 2022 00:00:00 +0530 Wed, 09 Feb 2022 05:43:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418102 In a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act, disputed defences such as alleged misuse of the cheque, account closure, and absence of a legally enforceable debt cannot ordinarily be conclusively determined in proceedings under Section 482 of the Code of Criminal Procedure. The drawer may rebut the statutory presumption by leading evidence at trial, but those factual controversies are not fit for quashing at the threshold. Mere closure of the account does not, by itself, eliminate liability at this stage, and the complaint was permitted to proceed to trial. Case-Laws Indian Laws Tue, 25 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418102