Dishonour of Cheque -- Quashing--Complaint Cannot be Dismissed at Pre-trial Stage Once S.139 N.I. Act Ingredients Stand Satisfied
Pre-trial quashing of a Section 138 complaint is impermissible once the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 is triggered. Whether a cheque was issued for a legally enforceable debt is a triable question. Determining it adversely against the complainant at the pre-trial stage, without affording an opportunity to lead evidence, extinguishes the statutory presumption before trial commences. Rebuttal of the presumption under Section 139 can only occur during trial.
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