https://www.taxtmi.com/caselaws?id=752719 A premature complaint under Section 138 of the Negotiable Instruments Act does not bar a fresh complaint once the statutory cause of action has matured, and the earlier dismissal is of no consequence to maintainability. Allegations that the cheque was issued under duress or that the debt was already discharged raise disputed questions of fact and cannot ordinarily be decided in a quashing petition under Section 482 of the Code of Criminal Procedure. On these grounds, quashing was held not maintainable and the criminal proceeding was permitted to continue. en-us Fri, 03 May 2024 00:00:00 +0530 Wed, 15 May 2024 16:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=752719 A premature complaint under Section 138 of the Negotiable Instruments Act does not bar a fresh complaint once the statutory cause of action has matured, and the earlier dismissal is of no consequence to maintainability. Allegations that the cheque was issued under duress or that the debt was already discharged raise disputed questions of fact and cannot ordinarily be decided in a quashing petition under Section 482 of the Code of Criminal Procedure. On these grounds, quashing was held not maintainable and the criminal proceeding was permitted to continue. Case-Laws Indian Laws Fri, 03 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=752719