https://www.taxtmi.com/caselaws?id=303889 Proceedings under Section 138 of the Negotiable Instruments Act cannot be quashed under Section 482 CrPC on the basis of disputed factual defences such as a claim that the cheque was only a security cheque or that no enforceable debt existed. Where the complaint and summoning order disclose a prima facie case, and issuance and signature are admitted, the statutory presumptions under Sections 118 and 139 operate for the cheque holder. The accused must rebut those presumptions through evidence at trial, and the quashing court cannot conduct a detailed pre-trial inquiry into contested facts. The complaint was therefore not fit for quashing and the defence had to be examined in trial. en-us Tue, 26 Apr 2022 00:00:00 +0530 Wed, 17 Jun 2026 18:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303889 Proceedings under Section 138 of the Negotiable Instruments Act cannot be quashed under Section 482 CrPC on the basis of disputed factual defences such as a claim that the cheque was only a security cheque or that no enforceable debt existed. Where the complaint and summoning order disclose a prima facie case, and issuance and signature are admitted, the statutory presumptions under Sections 118 and 139 operate for the cheque holder. The accused must rebut those presumptions through evidence at trial, and the quashing court cannot conduct a detailed pre-trial inquiry into contested facts. The complaint was therefore not fit for quashing and the defence had to be examined in trial. Case-Laws Indian Laws Tue, 26 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303889