https://www.taxtmi.com/caselaws?id=444495 Where a Section 138 complaint prima facie pleads a loan transaction, issuance of cheques towards liability, dishonour for insufficiency of funds, and service of notice, disputed defences such as "security cheque" and absence of legally enforceable debt cannot ordinarily be decided in Section 482 CrPC proceedings. The statutory presumption under Section 139 NI Act requires such factual defences to be tested at trial, so quashing was refused. A similar threshold objection based on the payee's amalgamation also failed, because the successor bank's rights and contractual claims had vested in it under a court-approved amalgamation, making maintainability a matter for evidence rather than pre-trial quashing. en-us Thu, 12 Oct 2023 00:00:00 +0530 Wed, 18 Oct 2023 07:39:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=444495 Where a Section 138 complaint prima facie pleads a loan transaction, issuance of cheques towards liability, dishonour for insufficiency of funds, and service of notice, disputed defences such as "security cheque" and absence of legally enforceable debt cannot ordinarily be decided in Section 482 CrPC proceedings. The statutory presumption under Section 139 NI Act requires such factual defences to be tested at trial, so quashing was refused. A similar threshold objection based on the payee's amalgamation also failed, because the successor bank's rights and contractual claims had vested in it under a court-approved amalgamation, making maintainability a matter for evidence rather than pre-trial quashing. Case-Laws Indian Laws Thu, 12 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=444495