https://www.taxtmi.com/caselaws?id=433850 In complaints under Section 138 of the Negotiable Instruments Act, summoning orders will not ordinarily be quashed under Section 482 CrPC where the Magistrate has considered the complaint and affidavit materials before issuing process. The accused's objections, including claims that cheques were forged or had been lost long earlier, are matters for defence before the trial court, especially because the Section 139 presumption operates in favour of the complainant. The prosecution must proceed through the statutory trial process, including notice, plea under Section 251, and defence evidence. In the absence of any police complaint, bank intimation, or satisfactory explanation for delay, the quashing petitions were held not maintainable and the summoning orders were upheld. en-us Fri, 03 Feb 2023 00:00:00 +0530 Sat, 11 Feb 2023 09:43:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=433850 In complaints under Section 138 of the Negotiable Instruments Act, summoning orders will not ordinarily be quashed under Section 482 CrPC where the Magistrate has considered the complaint and affidavit materials before issuing process. The accused's objections, including claims that cheques were forged or had been lost long earlier, are matters for defence before the trial court, especially because the Section 139 presumption operates in favour of the complainant. The prosecution must proceed through the statutory trial process, including notice, plea under Section 251, and defence evidence. In the absence of any police complaint, bank intimation, or satisfactory explanation for delay, the quashing petitions were held not maintainable and the summoning orders were upheld. Case-Laws Indian Laws Fri, 03 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=433850