https://www.taxtmi.com/caselaws?id=759160 A complaint under Section 138 of the Negotiable Instruments Act was not liable to be quashed under Section 482 CrPC where the cheques were allegedly security cheques and the accused disputed the existence of a legally enforceable liability. The Court held that whether the cheques were meant to secure future obligations, whether liability existed at issuance, and whether the employment contract was unconscionable or coerced were disputed factual issues requiring trial evidence. The Section 139 presumption and the limited scope of interference at the summoning stage weighed against quashing, so the criminal proceedings were allowed to continue. en-us Fri, 20 Sep 2024 00:00:00 +0530 Wed, 25 Sep 2024 10:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=759160 A complaint under Section 138 of the Negotiable Instruments Act was not liable to be quashed under Section 482 CrPC where the cheques were allegedly security cheques and the accused disputed the existence of a legally enforceable liability. The Court held that whether the cheques were meant to secure future obligations, whether liability existed at issuance, and whether the employment contract was unconscionable or coerced were disputed factual issues requiring trial evidence. The Section 139 presumption and the limited scope of interference at the summoning stage weighed against quashing, so the criminal proceedings were allowed to continue. Case-Laws Indian Laws Fri, 20 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=759160