https://www.taxtmi.com/caselaws?id=772412 Gujarat HC dismissed petition challenging criminal proceedings under Section 138 NI Act. Court held that at process issuance stage, Section 139 presumption operates in complainant's favor despite accused's claim of lack of supporting evidence for loan amount. Regarding accused's contention that civil settlement resolved all disputes, court found this raised disputed questions of fact requiring trial adjudication. Court ruled complaint cannot be non-suited at preliminary stage where evidence is yet to be recorded, as contentions involve factual disputes unsuitable for determination during process issuance or through inherent jurisdiction. en-us Thu, 17 Apr 2025 00:00:00 +0530 Mon, 09 Jun 2025 07:29:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=772412 Gujarat HC dismissed petition challenging criminal proceedings under Section 138 NI Act. Court held that at process issuance stage, Section 139 presumption operates in complainant's favor despite accused's claim of lack of supporting evidence for loan amount. Regarding accused's contention that civil settlement resolved all disputes, court found this raised disputed questions of fact requiring trial adjudication. Court ruled complaint cannot be non-suited at preliminary stage where evidence is yet to be recorded, as contentions involve factual disputes unsuitable for determination during process issuance or through inherent jurisdiction. Case-Laws Indian Laws Thu, 17 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=772412