https://www.taxtmi.com/caselaws?id=458016 A complaint under Section 138 of the Negotiable Instruments Act, 1881 should not be quashed at the threshold where the defence turns on disputed facts requiring trial. The cheque return endorsement stated "Account Frozen", while the defence claimed that no such bank account existed, creating a material factual conflict that could not be resolved in summary proceedings. The High Court's quashing order was therefore unsustainable, and the complaint had to proceed before the trial court, where the accused could raise all available pleas. The trial court was directed to restore the case and decide it expeditiously in accordance with law. en-us Fri, 18 Feb 2022 00:00:00 +0530 Thu, 03 Oct 2024 20:06:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458016 A complaint under Section 138 of the Negotiable Instruments Act, 1881 should not be quashed at the threshold where the defence turns on disputed facts requiring trial. The cheque return endorsement stated "Account Frozen", while the defence claimed that no such bank account existed, creating a material factual conflict that could not be resolved in summary proceedings. The High Court's quashing order was therefore unsustainable, and the complaint had to proceed before the trial court, where the accused could raise all available pleas. The trial court was directed to restore the case and decide it expeditiously in accordance with law. Case-Laws Indian Laws Fri, 18 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458016