https://www.taxtmi.com/caselaws?id=463855 A demand notice under Section 138 of the Negotiable Instruments Act is not vitiated merely because an alleged part-payment was not adjusted, where the notice clearly demands the cheque amount and conveys the liability sought to be enforced. The omission to reflect a disputed part-payment does not, by itself, render the notice defective. Alleged part-payment and related factual disputes raise contested questions of fact requiring evidence and cannot be decided in quashing proceedings under inherent jurisdiction. Such defences are to be examined by the trial court on evidence and applicable statutory presumptions. The complaint proceedings were therefore allowed to continue. en-us Thu, 31 Jul 2025 00:00:00 +0530 Fri, 19 Sep 2025 13:43:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463855 A demand notice under Section 138 of the Negotiable Instruments Act is not vitiated merely because an alleged part-payment was not adjusted, where the notice clearly demands the cheque amount and conveys the liability sought to be enforced. The omission to reflect a disputed part-payment does not, by itself, render the notice defective. Alleged part-payment and related factual disputes raise contested questions of fact requiring evidence and cannot be decided in quashing proceedings under inherent jurisdiction. Such defences are to be examined by the trial court on evidence and applicable statutory presumptions. The complaint proceedings were therefore allowed to continue. Case-Laws Indian Laws Thu, 31 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463855