https://www.taxtmi.com/caselaws?id=419058 In a Section 138 NI Act quashing challenge, the Delhi HC held that the cheque issuer could not defeat the complaint by asserting disputed part-payments made through a nephew to the complainant's wife. The cheque was admittedly issued, so the statutory presumptions under Sections 118 and 139 applied in favour of the complainant. Whether the alleged transfers were made at the complainant's behest or in discharge of liability was a factual dispute requiring evidence, and the defence could not be accepted at the quashing stage without admitted, unimpeachable material. The petition was rejected and the complaint was allowed to continue. en-us Mon, 28 Feb 2022 00:00:00 +0530 Thu, 03 Mar 2022 06:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=419058 In a Section 138 NI Act quashing challenge, the Delhi HC held that the cheque issuer could not defeat the complaint by asserting disputed part-payments made through a nephew to the complainant's wife. The cheque was admittedly issued, so the statutory presumptions under Sections 118 and 139 applied in favour of the complainant. Whether the alleged transfers were made at the complainant's behest or in discharge of liability was a factual dispute requiring evidence, and the defence could not be accepted at the quashing stage without admitted, unimpeachable material. The petition was rejected and the complaint was allowed to continue. Case-Laws Indian Laws Mon, 28 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=419058