Atamjit Singh vs State (Nct Of Delhi)

The Supreme Court held that the High Court erred in quashing the proceedings under Section 138 of the Negotiable Instruments Act, 1881, on the grounds of the underlying debt being time-barred. The Court emphasized that the determination of whether a debt is time-barred is a mixed question of law and fact that should not be resolved at the stage of issuance of summons. The Court allowed the appeal, reinstating the summoning order issued by the Trial Court, thereby affirming the legal presumption under Sections 118 and 139 of the NI Act.