https://www.taxtmi.com/caselaws?id=756030 A complaint under Section 138 of the Negotiable Instruments Act cannot be quashed under Section 482 CrPC merely because the cheques are claimed to have been issued as security. Where the record indicates a subsisting business relationship, invoice-based transactions, part-payments through RTGS, and an alleged outstanding liability on the date of presentation, the issue of enforceable debt becomes a disputed question of fact. The statutory presumption regarding cheque liability cannot be displaced at the quashing stage through a detailed factual inquiry. The complaint was therefore treated as maintainable at this stage and the quashing petition was rejected. en-us Mon, 24 Jun 2024 00:00:00 +0530 Fri, 26 Jul 2024 09:06:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756030 A complaint under Section 138 of the Negotiable Instruments Act cannot be quashed under Section 482 CrPC merely because the cheques are claimed to have been issued as security. Where the record indicates a subsisting business relationship, invoice-based transactions, part-payments through RTGS, and an alleged outstanding liability on the date of presentation, the issue of enforceable debt becomes a disputed question of fact. The statutory presumption regarding cheque liability cannot be displaced at the quashing stage through a detailed factual inquiry. The complaint was therefore treated as maintainable at this stage and the quashing petition was rejected. Case-Laws Indian Laws Mon, 24 Jun 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756030