https://www.taxtmi.com/caselaws?id=444931 A summoning order in a cheque dishonour prosecution was not quashed under Section 482 CrPC because the accused's defence that the cheque was only a security cheque, and that the ledger did not show a legally enforceable debt for the cheque amount, raised disputed questions of fact. The court held that such issues require evidence, cross-examination, and trial, and cannot be determined at the quashing stage. It also noted that the complaint and supporting material prima facie showed issuance of the cheque towards an existing liability, with the statutory presumption under Section 139 of the Negotiable Instruments Act supporting the complainant. en-us Tue, 26 Sep 2023 00:00:00 +0530 Fri, 27 Oct 2023 09:43:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=444931 A summoning order in a cheque dishonour prosecution was not quashed under Section 482 CrPC because the accused's defence that the cheque was only a security cheque, and that the ledger did not show a legally enforceable debt for the cheque amount, raised disputed questions of fact. The court held that such issues require evidence, cross-examination, and trial, and cannot be determined at the quashing stage. It also noted that the complaint and supporting material prima facie showed issuance of the cheque towards an existing liability, with the statutory presumption under Section 139 of the Negotiable Instruments Act supporting the complainant. Case-Laws Indian Laws Tue, 26 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=444931