https://www.taxtmi.com/caselaws?id=440021 In a Section 138 NI Act prosecution, disputes over whether cheques were issued as security and whether any legally enforceable debt or liability existed were treated as factual questions for trial, not matters for quashing under Section 482 CrPC. The complaint's specific averments on supply of gold, issuance and dishonour of cheques, and demand for return of the gold supported continuation of the proceedings, and the statutory presumption under Section 139 operated in favour of the complainant. The challenge to the Section 251 notice and summoning order was therefore rejected on the pleaded defence, leaving the parties to contest liability at trial. en-us Mon, 03 Jul 2023 00:00:00 +0530 Fri, 07 Jul 2023 09:14:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=440021 In a Section 138 NI Act prosecution, disputes over whether cheques were issued as security and whether any legally enforceable debt or liability existed were treated as factual questions for trial, not matters for quashing under Section 482 CrPC. The complaint's specific averments on supply of gold, issuance and dishonour of cheques, and demand for return of the gold supported continuation of the proceedings, and the statutory presumption under Section 139 operated in favour of the complainant. The challenge to the Section 251 notice and summoning order was therefore rejected on the pleaded defence, leaving the parties to contest liability at trial. Case-Laws Indian Laws Mon, 03 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=440021