https://www.taxtmi.com/caselaws?id=309883 In a Section 138 cheque dishonour prosecution, threshold quashing is not appropriate where the complaint, dishonour memo and statutory notice prima facie disclose the statutory ingredients; defences such as a signed blank cheque allegedly handed to a third party must be tested at trial with the presumption under Section 139. Alleged breaches of income-tax, contract or money-lending law do not, by themselves, bar the prosecution if Section 138 ingredients are otherwise made out. An express recital that the cheque was issued in discharge of a legally enforceable debt is not indispensable where the complaint, notice and surrounding circumstances sufficiently disclose liability. en-us Fri, 16 Dec 2005 00:00:00 +0530 Fri, 29 Mar 2024 10:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309883 In a Section 138 cheque dishonour prosecution, threshold quashing is not appropriate where the complaint, dishonour memo and statutory notice prima facie disclose the statutory ingredients; defences such as a signed blank cheque allegedly handed to a third party must be tested at trial with the presumption under Section 139. Alleged breaches of income-tax, contract or money-lending law do not, by themselves, bar the prosecution if Section 138 ingredients are otherwise made out. An express recital that the cheque was issued in discharge of a legally enforceable debt is not indispensable where the complaint, notice and surrounding circumstances sufficiently disclose liability. Case-Laws Indian Laws Fri, 16 Dec 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309883