https://www.taxtmi.com/caselaws?id=764272 A cheque issued as advance payment for a proposed vehicle purchase was held not to represent discharge of an existing legally enforceable debt or liability, so Section 138 of the Negotiable Instruments Act was not attracted and the complaint was not maintainable. The Court also applied the mandatory requirement of Section 202(1) CrPC: where the accused resides beyond the Magistrate's territorial jurisdiction, an inquiry or investigation must precede issuance of process. As no such inquiry was shown, the summoning order was procedurally unsustainable, and the criminal proceedings were quashed. en-us Thu, 19 Dec 2024 00:00:00 +0530 Tue, 07 Jan 2025 15:31:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=764272 A cheque issued as advance payment for a proposed vehicle purchase was held not to represent discharge of an existing legally enforceable debt or liability, so Section 138 of the Negotiable Instruments Act was not attracted and the complaint was not maintainable. The Court also applied the mandatory requirement of Section 202(1) CrPC: where the accused resides beyond the Magistrate's territorial jurisdiction, an inquiry or investigation must precede issuance of process. As no such inquiry was shown, the summoning order was procedurally unsustainable, and the criminal proceedings were quashed. Case-Laws Indian Laws Thu, 19 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=764272