https://www.taxtmi.com/caselaws?id=793512 A prosecution under Section 138 of the Negotiable Instruments Act, 1881 is not stayed merely because a civil appeal arising from the same transaction is pending; civil and criminal proceedings may continue independently, so the request for stay was rejected. The complaint also could not be quashed on grounds of delay, document-marking objections, or disputed assertions about financial capacity and liability, because it disclosed the essential ingredients of the offence and the Section 139 presumption covers a legally enforceable debt or liability. Disputed factual defences are not examined in depth at the quashing stage, and the long pendency of the matter did not justify dismissal. en-us Thu, 11 Jun 2026 00:00:00 +0530 Thu, 18 Jun 2026 08:45:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=793512 A prosecution under Section 138 of the Negotiable Instruments Act, 1881 is not stayed merely because a civil appeal arising from the same transaction is pending; civil and criminal proceedings may continue independently, so the request for stay was rejected. The complaint also could not be quashed on grounds of delay, document-marking objections, or disputed assertions about financial capacity and liability, because it disclosed the essential ingredients of the offence and the Section 139 presumption covers a legally enforceable debt or liability. Disputed factual defences are not examined in depth at the quashing stage, and the long pendency of the matter did not justify dismissal. Case-Laws Indian Laws Thu, 11 Jun 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=793512