https://www.taxtmi.com/caselaws?id=421101 In a cheque dishonour prosecution, the Delhi HC held that disputed defences such as the alleged liability, whether cheques were security cheques, the effect of a no objection certificate, and alleged defects in authorisation cannot be examined in a petition under Section 482 CrPC. It noted that Section 138 proceedings operate on statutory presumptions and that the accused must raise such defences before the trial court through the procedure provided under the Negotiable Instruments Act and the CrPC. As the petition sought quashing on factual disputes requiring evidence, no ground for interference was made out and the criminal proceedings were allowed to continue. en-us Wed, 13 Apr 2022 00:00:00 +0530 Mon, 18 Apr 2022 08:07:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421101 In a cheque dishonour prosecution, the Delhi HC held that disputed defences such as the alleged liability, whether cheques were security cheques, the effect of a no objection certificate, and alleged defects in authorisation cannot be examined in a petition under Section 482 CrPC. It noted that Section 138 proceedings operate on statutory presumptions and that the accused must raise such defences before the trial court through the procedure provided under the Negotiable Instruments Act and the CrPC. As the petition sought quashing on factual disputes requiring evidence, no ground for interference was made out and the criminal proceedings were allowed to continue. Case-Laws Indian Laws Wed, 13 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421101