https://www.taxtmi.com/caselaws?id=449571 At the summoning stage in a Section 138 Negotiable Instruments Act prosecution, process should issue only when the record discloses a legally enforceable debt or liability and the cheque's genuineness is sufficiently supported. Where the underlying debt is disputed, the complainant's authority is time-bound, and signature comparison or forensic material raises serious doubt about the cheque signatures, the foundation for the offence is not established. A Magistrate must also apply judicial mind and conduct a meaningful inquiry before issuing process; a mechanical order that ignores the defence material and disputed signatures is unsustainable and may be set aside to prevent abuse of process. en-us Tue, 13 Feb 2024 00:00:00 +0530 Wed, 14 Feb 2024 13:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449571 At the summoning stage in a Section 138 Negotiable Instruments Act prosecution, process should issue only when the record discloses a legally enforceable debt or liability and the cheque's genuineness is sufficiently supported. Where the underlying debt is disputed, the complainant's authority is time-bound, and signature comparison or forensic material raises serious doubt about the cheque signatures, the foundation for the offence is not established. A Magistrate must also apply judicial mind and conduct a meaningful inquiry before issuing process; a mechanical order that ignores the defence material and disputed signatures is unsustainable and may be set aside to prevent abuse of process. Case-Laws Indian Laws Tue, 13 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449571