P&H: Dishonour of Cheque - Stolen Chequebook - Refuses To Quash as Claim Raises Disputed Facts
High Court has declined to quash a complaint under Section 138 of Negotiable Instruments Act holding that his plea that the cheque originated from a stolen cheque book raises disputed questions of fact to be tried by the Magistrate.
Cheque allegedly issued and was repeatedly dishonoured with remark “Payment Stopped by Drawer,” followed by a statutory demand notice and non-payment.
Seeking quashing under Section 528 BNSS (analogous to Section 482 CrPC), the petitioner argued that he had lodged a prior police DDR iabout theft of cheque books from his car and that the complainant misused a stolen signed cheque. He further...
