https://www.taxtmi.com/caselaws?id=760193 A complaint under Section 138 of the Negotiable Instruments Act was sought to be quashed on the basis that the complainant allegedly advanced money without a money-lending licence under the Bengal Money Lenders Act. The Court applied harmonious construction and held that the Bengal Money Lenders Act is a regulatory statute operating in a different field and does not create a bar to the criminal remedy under Section 138. It also noted that proceedings under Section 138 are not recovery proceedings, that the licence issue is not a threshold ground for quashing, and that the accused may rebut the statutory presumption at trial. The quashing request was rejected. en-us Mon, 07 Oct 2024 00:00:00 +0530 Thu, 17 Oct 2024 12:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=760193 A complaint under Section 138 of the Negotiable Instruments Act was sought to be quashed on the basis that the complainant allegedly advanced money without a money-lending licence under the Bengal Money Lenders Act. The Court applied harmonious construction and held that the Bengal Money Lenders Act is a regulatory statute operating in a different field and does not create a bar to the criminal remedy under Section 138. It also noted that proceedings under Section 138 are not recovery proceedings, that the licence issue is not a threshold ground for quashing, and that the accused may rebut the statutory presumption at trial. The quashing request was rejected. Case-Laws Indian Laws Mon, 07 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=760193