https://www.taxtmi.com/caselaws?id=762421 In a challenge to a criminal complaint under Section 138 of the Negotiable Instruments Act, the Gauhati HC considered whether inherent powers under Section 482 of the CrPC should be used to quash the proceedings. The petition relied on a deed of undertaking and the argument that the cheques were conditional, but the Court noted that the accused had admittedly issued two post-dated cheques and that the surrounding dispute and presentation circumstances raised matters for trial. As the materials did not justify interference at the threshold, the request for quashing was rejected and the prosecution was permitted to continue. en-us Mon, 18 Nov 2024 00:00:00 +0530 Sun, 01 Dec 2024 09:35:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=762421 In a challenge to a criminal complaint under Section 138 of the Negotiable Instruments Act, the Gauhati HC considered whether inherent powers under Section 482 of the CrPC should be used to quash the proceedings. The petition relied on a deed of undertaking and the argument that the cheques were conditional, but the Court noted that the accused had admittedly issued two post-dated cheques and that the surrounding dispute and presentation circumstances raised matters for trial. As the materials did not justify interference at the threshold, the request for quashing was rejected and the prosecution was permitted to continue. Case-Laws Indian Laws Mon, 18 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=762421