https://www.taxtmi.com/caselaws?id=466546 Specific averments in a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act are sufficient at the quashing stage to proceed against a partner where the pleadings allege participation in the firm's affairs, and the question of actual liability is left to trial. Defences that the cheques were issued for another purpose and later misused involve disputed facts and cannot be examined in Section 482 CrPC proceedings as a mini trial. A further plea that the cheques became invalid after merger of the drawer bank could not be accepted on the basis of annexures filed with the petition, because such materials are not proof and the issue requires evidence. en-us Fri, 03 Feb 2023 00:00:00 +0530 Thu, 12 Feb 2026 11:30:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=466546 Specific averments in a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act are sufficient at the quashing stage to proceed against a partner where the pleadings allege participation in the firm's affairs, and the question of actual liability is left to trial. Defences that the cheques were issued for another purpose and later misused involve disputed facts and cannot be examined in Section 482 CrPC proceedings as a mini trial. A further plea that the cheques became invalid after merger of the drawer bank could not be accepted on the basis of annexures filed with the petition, because such materials are not proof and the issue requires evidence. Case-Laws Indian Laws Fri, 03 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=466546