https://www.taxtmi.com/caselaws?id=309471 Proceedings under Section 138 of the Negotiable Instruments Act cannot ordinarily be quashed on the ground that the cheque was issued towards a time-barred debt, because whether limitation has expired and whether the cheque amounts to acknowledgment of liability are matters requiring evidence. The statutory presumptions under Sections 118 and 139 operate once issuance and dishonour are shown, leaving rebuttal to the accused. The Court also held that limitation and acknowledgment issues were not suitable for summary rejection under Section 482 of the Code of Criminal Procedure. The quashing order was set aside and the matter remitted for fresh consideration after hearing the parties. en-us Mon, 10 Oct 2022 00:00:00 +0530 Mon, 04 Sep 2023 21:32:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309471 Proceedings under Section 138 of the Negotiable Instruments Act cannot ordinarily be quashed on the ground that the cheque was issued towards a time-barred debt, because whether limitation has expired and whether the cheque amounts to acknowledgment of liability are matters requiring evidence. The statutory presumptions under Sections 118 and 139 operate once issuance and dishonour are shown, leaving rebuttal to the accused. The Court also held that limitation and acknowledgment issues were not suitable for summary rejection under Section 482 of the Code of Criminal Procedure. The quashing order was set aside and the matter remitted for fresh consideration after hearing the parties. Case-Laws Indian Laws Mon, 10 Oct 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309471