Section 138 cheque complaint cannot be quashed on technical naming errors or disputed liability facts at the threshold.

Criminal proceedings under Section 138 of the Negotiable Instruments Act were not liable to be quashed under Section 482 CrPC where the complaint prima facie disclosed a business transaction, a legally enforceable debt, issuance and dishonour of the cheque for insufficiency of funds, notice, and non-payment within the statutory period. A mistaken surname of the accused was treated as a technical defect because identity as the concerned director was not disputed. The plea that the cheque was issued on behalf of another company raised disputed factual issues and could not justify quashing at the threshold; the matter was required to proceed to trial.

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Issues: Whether criminal proceedings under Section 138 of the Negotiable Instruments Act could be quashed under Section 482 of the Code of Criminal Procedure on the grounds of an alleged mistake in the accused's name and the plea that the cheque was issued on behalf of a different company.

Analysis: The complaint disclosed a business transaction giving rise to a legally enforceable debt, issuance of the cheque towards discharge of that liability, dishonour for insufficiency of funds, issuance of notice, and failure to pay within the statutory period. A mere mistake in the surname of the accused was treated as a technical defect, especially when the identity of the accused as the concerned director was not in dispute. The contention that the cheque was issued on behalf of another company did not justify quashing at the threshold, since the complaint contained specific averments connecting the cheque with the liability alleged and the matter required trial.

Conclusion: The petition for quashing was not maintainable on the stated grounds and the proceedings were allowed to continue.

Ratio Decidendi: A complaint under Section 138 of the Negotiable Instruments Act cannot be quashed under Section 482 of the Code of Criminal Procedure when it prima facie discloses the statutory ingredients of the offence and only technical objections or disputed factual issues are raised.

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