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Head Note

The Negotiable Instruments Act, 1881  - Section 138 , Section 139 , Section 140 , The Code of Criminal Procedure, 1973  - Section 482

Dishonour of Cheque - Stop Payment - Quashing of Complaint - High Court accepting factual defences of the accused which were disputed ones - Such defences, if taken before trial court, after recording of the evidence, can be better appreciated - Held that the High Court has committed grave error of law in quashing the criminal complaints.

The Negotiable Instruments Act, 1881  - Section 138 , Section 139 , Section 140 , The Code of Criminal Procedure, 1973  - Section 482

Dishonour of Cheque - Stop Payment - Quashing of Complaint - Whether the cheques were given as security or not, or whether there was outstanding liability or not is a question of fact which could have been determined only by the trial court after recording evidence of the parties.

The Negotiable Instruments Act, 1881  - Section 138 , Section 139

Dishonour of Cheque - Stop Payment - Held that if a Cheque is dishonoured because of stop payment instruction even then offence punishable under Section 138 of N.I. Act gets attracted.

Topic(s)-Quashing of Complaint - Dishonour of Cheque - Disputed question of Facts - Quash set aside