In Brief
The Supreme Court heard two connected criminal appeals challenging a High Court order that quashed proceedings under Section 138 of the Negotiable Instruments Act (cheque dishonour). The respondent had argued that the statutory demand notice was not properly served on him, and the cheque return memo contained specific remarks. The Court held that these are factual issues requiring evidence from both parties and cannot be decided at the quashing stage. Such disputes must proceed to trial. The Court set aside the High Court's order and allowed the appeals, directing the complaint to proceed against the respondent.
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