Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Legally enforceable debt—Petition to quash summoning order—Petitioner has not disputed his signatures on the cheque as he states that the complainant had forcibly obtained blank signed papers, blank signed stamp papers and blank signed cheque from him—No complaint lodged by petitioner with the authorities in respect of any such incident—When the signatures on the cheque have been admitted by the petitioner, the presumption under Section 118 (a) and 139 of the NI Act would arise and it would be presumed that the cheques in question had been issued by petitioner towards some legally enforceable debt—However, such a presumption can be rebutted by an accused by raising a probable defence—Issues raised can only be considered and appreciated during the course of trial at appropriate stage as per law, when the complainant has been able to establish a prima facie case for the purpose of summoning the accused/petitioner—No reason found to interfere with impugned summoning order—Petition dismissed.
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