https://www.taxtmi.com/caselaws?id=441758 Where a complaint under Section 138 of the Negotiable Instruments Act, 1881 on its face disclosed the basic ingredients of the offence, the High Court held that the prosecution could not be quashed under Section 482 CrPC merely because the accused disputed the existence of a legally recoverable debt. The statutory presumption attached to the cheque transaction could operate at trial, and defence material such as a dissolution deed and its recitals was not suitable for a pre-trial determination at the cognizance or charge stage. As the allegations were not inherently absurd, patently improbable, or an abuse of process, the proceedings were not liable to be quashed. en-us Tue, 01 Aug 2023 00:00:00 +0530 Wed, 16 Aug 2023 11:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=441758 Where a complaint under Section 138 of the Negotiable Instruments Act, 1881 on its face disclosed the basic ingredients of the offence, the High Court held that the prosecution could not be quashed under Section 482 CrPC merely because the accused disputed the existence of a legally recoverable debt. The statutory presumption attached to the cheque transaction could operate at trial, and defence material such as a dissolution deed and its recitals was not suitable for a pre-trial determination at the cognizance or charge stage. As the allegations were not inherently absurd, patently improbable, or an abuse of process, the proceedings were not liable to be quashed. Case-Laws Indian Laws Tue, 01 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=441758