In Brief
The Supreme Court allowed two criminal appeals challenging the High Court's order quashing proceedings under Section 138 of the Negotiable Instruments Act (cheque dishonour). The High Court had quashed the case on grounds that the legal notice was not served within the statutory period and based on remarks on the cheque return memo. The Supreme Court held that these were factual disputes requiring evidence, not matters to be resolved at the quashing stage. The Court set aside the High Court's order and remitted the complaint for trial, emphasizing that questions of service and factual findings must be decided by the trial court, not through quashing petitions."
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