https://www.taxtmi.com/caselaws?id=421938 A criminal complaint under Section 138 of the Negotiable Instruments Act could not be quashed merely because the accused claimed the cheque was issued as security or as advance payment. The HC held that, where the complaint disclosed a contractual arrangement and issuance of the cheque was shown, the statutory presumption under Section 139 operated, and the question whether any legally enforceable debt or liability existed was a matter for trial. Disputed factual defences could not be decided in proceedings under Section 482 of the Code of Criminal Procedure. The quashing plea was rejected and the Section 138 proceedings were permitted to continue. en-us Fri, 29 Apr 2022 00:00:00 +0530 Wed, 04 May 2022 21:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421938 A criminal complaint under Section 138 of the Negotiable Instruments Act could not be quashed merely because the accused claimed the cheque was issued as security or as advance payment. The HC held that, where the complaint disclosed a contractual arrangement and issuance of the cheque was shown, the statutory presumption under Section 139 operated, and the question whether any legally enforceable debt or liability existed was a matter for trial. Disputed factual defences could not be decided in proceedings under Section 482 of the Code of Criminal Procedure. The quashing plea was rejected and the Section 138 proceedings were permitted to continue. Case-Laws Indian Laws Fri, 29 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421938