https://www.taxtmi.com/caselaws?id=310778 The AP HC dismissed the criminal petitions filed by the petitioner accused under Section 138 of the Negotiable Instruments Act. The petitioner contended that the cheques issued to his wife and sons were stolen and presented without consent. However, the court upheld the presumption under Section 139 that the cheques were issued for discharging a debt or liability. It ruled that the petitioner must rebut this presumption with evidence at trial, and thus, the proceedings could not be quashed at this stage. The court emphasized that the factual determination of how the cheques were obtained is reserved for trial. en-us Fri, 13 Apr 2007 00:00:00 +0530 Thu, 16 Nov 2023 18:05:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310778 The AP HC dismissed the criminal petitions filed by the petitioner accused under Section 138 of the Negotiable Instruments Act. The petitioner contended that the cheques issued to his wife and sons were stolen and presented without consent. However, the court upheld the presumption under Section 139 that the cheques were issued for discharging a debt or liability. It ruled that the petitioner must rebut this presumption with evidence at trial, and thus, the proceedings could not be quashed at this stage. The court emphasized that the factual determination of how the cheques were obtained is reserved for trial. Case-Laws Indian Laws Fri, 13 Apr 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310778