https://www.taxtmi.com/caselaws?id=466547 A high court considered whether a Section 138 NI Act complaint and the consequent summoning order should be quashed. The court applied the statutory scheme that an unpaid cheque satisfying Section 138 elements gives rise to the presumption of liability under the statutory presumption, which is sufficient to summon the accused. The petitioner conceded signature, issuance to discharge liability, and service of notice, asserting only a collateral defence about instrument acceptability after a bank merger and alleged misuse. Those contentions were held to be matters for trial and rebuttal evidence; therefore the quash petition was dismissed and the summoning order retained. en-us Mon, 09 Oct 2023 00:00:00 +0530 Thu, 12 Feb 2026 19:01:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=466547 A high court considered whether a Section 138 NI Act complaint and the consequent summoning order should be quashed. The court applied the statutory scheme that an unpaid cheque satisfying Section 138 elements gives rise to the presumption of liability under the statutory presumption, which is sufficient to summon the accused. The petitioner conceded signature, issuance to discharge liability, and service of notice, asserting only a collateral defence about instrument acceptability after a bank merger and alleged misuse. Those contentions were held to be matters for trial and rebuttal evidence; therefore the quash petition was dismissed and the summoning order retained. Case-Laws Indian Laws Mon, 09 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=466547