https://www.taxtmi.com/caselaws?id=786230 In a petition under Section 482 CrPC challenging a Section 138 NI Act complaint, the High Court held that quashing was unavailable because the Court cannot assess disputed facts at the initial stage. Since the petitioners did not dispute the cheques or signatures, and their pleas that the cheques were security cheques and that the supplied goods were defective raised matters for trial, the statutory presumption under Section 139 continued to operate. The complaint and summoning order disclosed a prima facie case based on preliminary evidence, and the existence of legally enforceable liability could not be negated in quashing proceedings. The complaint and process order were therefore not quashed. en-us Fri, 30 Jan 2026 00:00:00 +0530 Tue, 10 Feb 2026 07:46:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=786230 In a petition under Section 482 CrPC challenging a Section 138 NI Act complaint, the High Court held that quashing was unavailable because the Court cannot assess disputed facts at the initial stage. Since the petitioners did not dispute the cheques or signatures, and their pleas that the cheques were security cheques and that the supplied goods were defective raised matters for trial, the statutory presumption under Section 139 continued to operate. The complaint and summoning order disclosed a prima facie case based on preliminary evidence, and the existence of legally enforceable liability could not be negated in quashing proceedings. The complaint and process order were therefore not quashed. Case-Laws Indian Laws Fri, 30 Jan 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=786230