https://www.taxtmi.com/caselaws?id=443081 A disputed plea that a cheque was lost or stolen before its alleged issuance does not, by itself, justify quashing summons where the complaint and pre-summoning material disclose a prima facie offence under Section 138 of the Negotiable Instruments Act, 1881. The court held that such a defence is factual in nature and must be tested at trial through evidence and cross-examination, not conclusively at the cognizance stage or in inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973. As the Magistrate had sufficient material to issue process, the challenge to the summoning order failed. en-us Tue, 05 Sep 2023 00:00:00 +0530 Sat, 16 Sep 2023 08:43:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=443081 A disputed plea that a cheque was lost or stolen before its alleged issuance does not, by itself, justify quashing summons where the complaint and pre-summoning material disclose a prima facie offence under Section 138 of the Negotiable Instruments Act, 1881. The court held that such a defence is factual in nature and must be tested at trial through evidence and cross-examination, not conclusively at the cognizance stage or in inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973. As the Magistrate had sufficient material to issue process, the challenge to the summoning order failed. Case-Laws Indian Laws Tue, 05 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=443081