https://www.taxtmi.com/caselaws?id=304960 Stop-payment dishonour does not by itself take a cheque complaint outside Section 138 of the Negotiable Instruments Act, and the statutory presumption under Section 139 continues to apply. At the quashing stage, the court examines only whether the complaint allegations and pre-summoning material disclose a case for summoning, not whether the accused can ultimately rebut liability. Questions about absence of a pre-existing debt, sufficiency of funds, and the reasons for stopping payment are matters for defence evidence. On that basis, the complaint and summoning order were not liable to be quashed under Section 482 of the Code of Criminal Procedure. en-us Tue, 17 May 2005 00:00:00 +0530 Tue, 08 Nov 2022 16:16:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304960 Stop-payment dishonour does not by itself take a cheque complaint outside Section 138 of the Negotiable Instruments Act, and the statutory presumption under Section 139 continues to apply. At the quashing stage, the court examines only whether the complaint allegations and pre-summoning material disclose a case for summoning, not whether the accused can ultimately rebut liability. Questions about absence of a pre-existing debt, sufficiency of funds, and the reasons for stopping payment are matters for defence evidence. On that basis, the complaint and summoning order were not liable to be quashed under Section 482 of the Code of Criminal Procedure. Case-Laws Indian Laws Tue, 17 May 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304960