Quash petition under Section 482 CrPC in Section 138 NI Act denied as Section 139 presumption attracted

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....The HC dismissed the petition under Section 482 CrPC seeking quashing of summoning orders in a Section 138 NI Act prosecution. The court found the cheque issuance and dishonour admitted by the petitioners and the return memo on record; accordingly the rebuttable statutory presumption under Section 139 NI Act was prima facie attracted that the cheque was issued for a legally enforceable debt or liability. The petitioners' denial that the cheque did not discharge a debt was held to raise triable issues which cannot be resolved on a Section 482 application. Exercising its inherent jurisdiction sparingly, the HC declined to quash the proceedings and dismissed the petition.....