Negotiable Instruments Act, 1881–Sec. 138–Code of Criminal Procedure, 1973–Secs. 482–Quashment of the proceedings by the High Court–Justification–High Court proceeded to test whether the cheque was issued for discharge, in whole or in part of any debt or other liability–Such exercise was unwarranted because there is a presumption that the holder of a cheque received the cheque of the nature referred to in Sec. 138 for the discharge, in whole or in part of any debt or other liability–This presumption can be rebutted by evidence led in trial–Impugned order deserves to be set aside–Complaint is restored.
