https://www.taxtmi.com/caselaws?id=463790 The HC dismissed the petition seeking quashing of a Section 138 NI Act complaint. Although a defective demand notice and alleged omission of a prior part payment were pleaded, the court held under its inherent power (Sec 528 BNSS) it will not decide disputed factual questions requiring evidence. Whether omission vitiates the statutory demand or affects liability under Sec 139 are matters for trial. The petitioner failed to show clear abuse of process or that the complaint was wholly untenable, so the complaint was not quashed. en-us Thu, 17 Jul 2025 00:00:00 +0530 Tue, 16 Sep 2025 18:59:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463790 The HC dismissed the petition seeking quashing of a Section 138 NI Act complaint. Although a defective demand notice and alleged omission of a prior part payment were pleaded, the court held under its inherent power (Sec 528 BNSS) it will not decide disputed factual questions requiring evidence. Whether omission vitiates the statutory demand or affects liability under Sec 139 are matters for trial. The petitioner failed to show clear abuse of process or that the complaint was wholly untenable, so the complaint was not quashed. Case-Laws Indian Laws Thu, 17 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463790