https://www.taxtmi.com/caselaws?id=445988 A complaint under Section 138 of the Negotiable Instruments Act was not liable to quashing under Section 482 CrPC where the cheque issuance and dishonour were admitted and the accused's plea of absence of consideration and unlawful procurement raised disputed factual issues requiring evidence. The statutory presumption under Section 139 operated in favour of the complainant, and those defences could not be conclusively examined at the quashing stage. The High Court therefore refused interference with the summoning order and complaint proceedings, and directed that the matter proceed in accordance with law with expeditious disposal under Section 143 of the Act. en-us Fri, 03 Nov 2023 00:00:00 +0530 Fri, 24 Nov 2023 07:40:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445988 A complaint under Section 138 of the Negotiable Instruments Act was not liable to quashing under Section 482 CrPC where the cheque issuance and dishonour were admitted and the accused's plea of absence of consideration and unlawful procurement raised disputed factual issues requiring evidence. The statutory presumption under Section 139 operated in favour of the complainant, and those defences could not be conclusively examined at the quashing stage. The High Court therefore refused interference with the summoning order and complaint proceedings, and directed that the matter proceed in accordance with law with expeditious disposal under Section 143 of the Act. Case-Laws Indian Laws Fri, 03 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445988