https://www.taxtmi.com/caselaws?id=761059 Adjudication of insolvency does not bar a criminal prosecution under Section 138 of the Negotiable Instruments Act against an individual debtor, because the proceeding is treated as a personal criminal liability rather than a suit or other legal proceeding against the insolvent's property. The court distinguished insolvency objections from factual disputes over the cheque, its alleged security character, and the existence of enforceable liability, which were left for trial. The quash petition was therefore not entertained on merits, and the accused was left to raise factual defences before the trial court. en-us Thu, 17 Oct 2024 00:00:00 +0530 Mon, 04 Nov 2024 17:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761059 Adjudication of insolvency does not bar a criminal prosecution under Section 138 of the Negotiable Instruments Act against an individual debtor, because the proceeding is treated as a personal criminal liability rather than a suit or other legal proceeding against the insolvent's property. The court distinguished insolvency objections from factual disputes over the cheque, its alleged security character, and the existence of enforceable liability, which were left for trial. The quash petition was therefore not entertained on merits, and the accused was left to raise factual defences before the trial court. Case-Laws Indian Laws Thu, 17 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761059