https://www.taxtmi.com/caselaws?id=783764 A complaint under Section 138 of the Negotiable Instruments Act can be quashed at the pre-trial stage only if the allegations and materials fail to disclose a prima facie case. Where the complaint pleads cheque issuance, dishonour for insufficient funds, service of demand notice, and non-payment within the statutory period, the ingredients of Section 138 are prima facie satisfied. The Section 139 presumption that the cheque was issued for discharge of a debt or liability is rebuttable, but ordinarily only through evidence at trial; a court exercising Section 482 jurisdiction cannot conduct a roving enquiry into disputed defences. The complaint and summoning order therefore should not be quashed before trial. en-us Fri, 19 Dec 2025 00:00:00 +0530 Tue, 23 Dec 2025 07:59:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=783764 A complaint under Section 138 of the Negotiable Instruments Act can be quashed at the pre-trial stage only if the allegations and materials fail to disclose a prima facie case. Where the complaint pleads cheque issuance, dishonour for insufficient funds, service of demand notice, and non-payment within the statutory period, the ingredients of Section 138 are prima facie satisfied. The Section 139 presumption that the cheque was issued for discharge of a debt or liability is rebuttable, but ordinarily only through evidence at trial; a court exercising Section 482 jurisdiction cannot conduct a roving enquiry into disputed defences. The complaint and summoning order therefore should not be quashed before trial. Case-Laws Indian Laws Fri, 19 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=783764