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
P&H: Dishonour of Cheque - Stolen Chequebook - Refuses To Quash as Claim Raises Disputed Facts
punjab-haryana
⚖️ Order Date:
13 May 2026
Headnotes
Negotiable Instruments Act, 1881, S.138, Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 (Criminal Procedure Code, 1973, S.482) — Dishonour of cheque - Quashing of proceedings - Whether cheque formed part of an allegedly stolen cheque book is a disputed question of fact, not amenable to adjudication in quashing jurisdiction. (Para 6) Negotiable Instruments Act, 1881, S.138, Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 (Criminal Procedure Code, 1973, S.482) — Dishonour of cheque - Quashing of proceedings - Where complaint specifically avers advancement of money,
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punjab haryana
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