https://www.taxtmi.com/caselaws?id=756028 In a Section 138 NI Act complaint, non-conduct of a Section 202 CrPC inquiry does not vitiate summoning where the Magistrate has considered the complaint, affidavit, cheque, notice and supporting material before issuing process. Quashing is impermissible at the threshold when it requires the Court to assess defence documents, alleged compromise or other disputed material beyond the complaint record, as that would amount to a mini-trial. The statutory presumption under Sections 118 and 139 that the cheque was issued for consideration and in discharge of a legally enforceable liability continues to operate until rebutted in trial, so the complaint could not be quashed on the plea of no debt. en-us Fri, 12 Jan 2024 00:00:00 +0530 Thu, 25 Jul 2024 18:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756028 In a Section 138 NI Act complaint, non-conduct of a Section 202 CrPC inquiry does not vitiate summoning where the Magistrate has considered the complaint, affidavit, cheque, notice and supporting material before issuing process. Quashing is impermissible at the threshold when it requires the Court to assess defence documents, alleged compromise or other disputed material beyond the complaint record, as that would amount to a mini-trial. The statutory presumption under Sections 118 and 139 that the cheque was issued for consideration and in discharge of a legally enforceable liability continues to operate until rebutted in trial, so the complaint could not be quashed on the plea of no debt. Case-Laws Indian Laws Fri, 12 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756028