https://www.taxtmi.com/caselaws?id=777358 Section 139 of the Negotiable Instruments Act raises a presumption in favour of the cheque holder, and a defence that the cheque was issued only as security or that no legally enforceable liability existed ordinarily involves disputed questions of fact. Such factual disputes cannot usually be finally decided in a Section 482 CrPC petition at the pre-trial stage, where the defence is not unimpeachable, and the matter must go to trial. Later precedent also precluded treating deposit of the cheque amount as a ground to terminate a Section 138 prosecution at the threshold. The complaints were therefore allowed to proceed. en-us Mon, 18 Aug 2025 00:00:00 +0530 Fri, 29 Aug 2025 08:56:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=777358 Section 139 of the Negotiable Instruments Act raises a presumption in favour of the cheque holder, and a defence that the cheque was issued only as security or that no legally enforceable liability existed ordinarily involves disputed questions of fact. Such factual disputes cannot usually be finally decided in a Section 482 CrPC petition at the pre-trial stage, where the defence is not unimpeachable, and the matter must go to trial. Later precedent also precluded treating deposit of the cheque amount as a ground to terminate a Section 138 prosecution at the threshold. The complaints were therefore allowed to proceed. Case-Laws Indian Laws Mon, 18 Aug 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=777358