https://www.taxtmi.com/caselaws?id=436566 The court dismissed the application seeking to quash the summoning order and complaint proceedings under Section 138 of the Negotiable Instruments Act. It upheld the summoning order, emphasizing that the burden of proof lies on the accused to rebut the presumption that a dishonored cheque was issued for a debt or liability. The court also ruled that the validity of the service of notice and the prematurity of the complaint should be determined by the trial court based on evidence. Additionally, the court clarified that the non-inclusion of the company as a party did not render the complaint non-maintainable. en-us Thu, 16 Mar 2023 00:00:00 +0530 Mon, 17 Apr 2023 08:04:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=436566 The court dismissed the application seeking to quash the summoning order and complaint proceedings under Section 138 of the Negotiable Instruments Act. It upheld the summoning order, emphasizing that the burden of proof lies on the accused to rebut the presumption that a dishonored cheque was issued for a debt or liability. The court also ruled that the validity of the service of notice and the prematurity of the complaint should be determined by the trial court based on evidence. Additionally, the court clarified that the non-inclusion of the company as a party did not render the complaint non-maintainable. Case-Laws Indian Laws Thu, 16 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=436566