https://www.taxtmi.com/caselaws?id=778593 Where cheque issuance and signatures are admitted, the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 operates in favour of the complainant that the cheque was issued towards a legally enforceable debt or liability. A defence that the cheque was only a security cheque, or that no enforceable liability existed, raises a disputed question of fact that must ordinarily be tested at trial by evidence. In these circumstances, the High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973 is not normally available to quash the summoning order or complaint proceedings under Section 138. The quashing petition was therefore not maintainable on the pleaded grounds, and the proceedings were permitted to continue. en-us Tue, 16 Sep 2025 00:00:00 +0530 Wed, 17 Sep 2025 13:06:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=778593 Where cheque issuance and signatures are admitted, the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 operates in favour of the complainant that the cheque was issued towards a legally enforceable debt or liability. A defence that the cheque was only a security cheque, or that no enforceable liability existed, raises a disputed question of fact that must ordinarily be tested at trial by evidence. In these circumstances, the High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973 is not normally available to quash the summoning order or complaint proceedings under Section 138. The quashing petition was therefore not maintainable on the pleaded grounds, and the proceedings were permitted to continue. Case-Laws Indian Laws Tue, 16 Sep 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=778593