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Articles tagged Section 138 NI Act
Section 138 Cheque Bounce Proceedings Cannot Be Quashed at Threshold Over Disputed Liability Amount: Supreme Court
Reiterating the scope of statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, the Supreme Court held that factual disputes regarding the exact quantum of debt or partial repayment cannot be adjudicated in a quashing petition before trial.
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Cheque Bounce Complaint Withdrawn by Mistake? Rajasthan High Court Explains BNSS Section 280
The Rajasthan High Court held that withdrawal of Section 138 cheque bounce complaints results in acquittal under BNSS Section 280. The Court dismissed 39 writ petitions while preserving the statutory remedy.
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