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2023 (10) TMI 1154 - HC - Indian LawsDishonour of Cheque - legally recoverable debt - actual amount due and payable on the part of petitioner/accused towards the complainant/respondent - whether the amount due as on date of presentation of cheque for encashment and its subsequent dishonoring was less than the amount of cheque in question? HELD THAT:- The legal presumption of the cheque having been issued in the discharge of liability must also receive due weightage. In a situation where the accused moves Court for quashing even before trial has commenced, the Court's approach should be careful enough to not to prematurely extinguish the case by disregarding the legal presumption which supports the complaint. The legal presumption of the cheque having been issued in the discharge of liability must also receive due weightage. In a situation where the accused moves Court for quashing even before trial has commenced, the Court's approach should be careful enough to not to prematurely extinguish the case by disregarding the legal presumption which supports the complaint. This Court is of the opinion that the issues raised before this Court can only be decided by the learned Trial Court at appropriate stage, on their own merits. Since a prima facie case exists against the petitioner under Section 138 of NI Act, there are no reasons to quash the summoning order dated 25.09.2019. Petition dismissed.
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