https://www.taxtmi.com/caselaws?id=305021 Disputed questions in a Section 138 Negotiable Instruments Act prosecution, including whether the cheque was issued as security, whether the cheque amount exceeded the underlying debt, and whether a director had effectively resigned before the cheque date, are matters for trial and not for quashing at the threshold. In the absence of clear admissions or incontrovertible material, the statutory presumption and ingredients of the offence cannot be negatived in quash proceedings. The text also notes that the resignation claim was not reflected before the cheque date, so the prosecution was not quashed and the parties were left to establish their defences before the trial court. en-us Wed, 24 Oct 2018 00:00:00 +0530 Fri, 11 Nov 2022 08:59:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305021 Disputed questions in a Section 138 Negotiable Instruments Act prosecution, including whether the cheque was issued as security, whether the cheque amount exceeded the underlying debt, and whether a director had effectively resigned before the cheque date, are matters for trial and not for quashing at the threshold. In the absence of clear admissions or incontrovertible material, the statutory presumption and ingredients of the offence cannot be negatived in quash proceedings. The text also notes that the resignation claim was not reflected before the cheque date, so the prosecution was not quashed and the parties were left to establish their defences before the trial court. Case-Laws Indian Laws Wed, 24 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305021