https://www.taxtmi.com/caselaws?id=310382 Criminal proceedings under section 138 of the Negotiable Instruments Act cannot ordinarily be quashed under section 482 CrPC on the basis of disputed factual defences, including a claim that the cheque was issued only as security rather than in discharge of a legally recoverable debt. Such contentions require appreciation of evidence and are for the trial court, unless the accused produces sterling and impeccable material that conclusively destroys the prosecution case without the need for trial. As the material relied on did not meet that threshold, quashing of the summoning order and proceedings was refused, leaving the accused to pursue the available defences before the trial court. en-us Fri, 02 Aug 2019 00:00:00 +0530 Sat, 21 Oct 2023 07:00:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310382 Criminal proceedings under section 138 of the Negotiable Instruments Act cannot ordinarily be quashed under section 482 CrPC on the basis of disputed factual defences, including a claim that the cheque was issued only as security rather than in discharge of a legally recoverable debt. Such contentions require appreciation of evidence and are for the trial court, unless the accused produces sterling and impeccable material that conclusively destroys the prosecution case without the need for trial. As the material relied on did not meet that threshold, quashing of the summoning order and proceedings was refused, leaving the accused to pursue the available defences before the trial court. Case-Laws Indian Laws Fri, 02 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310382