https://www.taxtmi.com/caselaws?id=304961 In a complaint under Section 138 of the Negotiable Instruments Act, the court at the summoning stage must see whether the complaint and supporting material broadly disclose the statutory ingredients. Inherent powers under Section 482 CrPC are not ordinarily used to decide disputed questions of fact or test factual defences such as theft, misuse of blank signed cheques, lack of consideration, or absence of legally enforceable debt. Because the complaint clearly asserted that the cheques were issued in discharge of liability, that assertion had to be tested at trial. The quashing petition was rejected. en-us Fri, 23 Mar 2007 00:00:00 +0530 Tue, 08 Nov 2022 16:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304961 In a complaint under Section 138 of the Negotiable Instruments Act, the court at the summoning stage must see whether the complaint and supporting material broadly disclose the statutory ingredients. Inherent powers under Section 482 CrPC are not ordinarily used to decide disputed questions of fact or test factual defences such as theft, misuse of blank signed cheques, lack of consideration, or absence of legally enforceable debt. Because the complaint clearly asserted that the cheques were issued in discharge of liability, that assertion had to be tested at trial. The quashing petition was rejected. Case-Laws Indian Laws Fri, 23 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304961