Cheque Dishonor Complaint Backed by Sections 138 & 139 of Negotiable Instruments Act; Partnership Dissolution Defense Not Considered Early On.

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....Dishonour of Cheque - Framing of charges - The averment in the complaint would be supported by legal presumption under Section 138 and 139 of Negotiable Instruments Act at trial. The documents with regard to dissolution of partnership and the statement contained therein, may be probable defence of the accused which cannot be gone into at the preliminary stage of proceeding i.e., cognizance and framing of charge. - HC....