https://www.taxtmi.com/caselaws?id=420693 A plea that a cheque was issued only as security, or that the underlying liability had already been discharged, does not justify discharge or closure at the threshold in a cheque dishonour prosecution. The accused's defence requires evidentiary examination and rebuttal of the statutory presumption under the Negotiable Instruments Act. Accordingly, a complaint under Section 138, and the connected cheating charge, may proceed to trial where liability and payment can be proved on evidence rather than decided summarily at the discharge stage. en-us Fri, 01 Apr 2022 00:00:00 +0530 Fri, 08 Apr 2022 08:02:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=420693 A plea that a cheque was issued only as security, or that the underlying liability had already been discharged, does not justify discharge or closure at the threshold in a cheque dishonour prosecution. The accused's defence requires evidentiary examination and rebuttal of the statutory presumption under the Negotiable Instruments Act. Accordingly, a complaint under Section 138, and the connected cheating charge, may proceed to trial where liability and payment can be proved on evidence rather than decided summarily at the discharge stage. Case-Laws Indian Laws Fri, 01 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=420693