Section 138 prosecution cannot be quashed on defence pleas, but conditional exemption from personal appearance may be granted.
A prosecution under section 138 of the Negotiable Instruments Act is not liable to be quashed merely because the accused asserts non-participation in the company's affairs or faces inconvenience in attending proceedings before different courts; those contentions remain matters of defence to be raised in the prosecutions. Limited procedural relief may still be granted for personal appearance, but only on conditions such as initial appearance before the concerned court, representation through counsel on hearing dates, no dispute as to identity, and appearance whenever personal presence is required.
Issues: (i) Whether the prosecution proceedings under section 138 of the Negotiable Instruments Act were liable to be quashed on the ground that the petitioner claimed no participation in the affairs of the company and difficulty in appearing before courts at different places. (ii) Whether the petitioner could be permitted to seek exemption from personal appearance in the pending prosecutions.
Issue (i): Whether the prosecution proceedings under section 138 of the Negotiable Instruments Act were liable to be quashed on the ground that the petitioner claimed no participation in the affairs of the company and difficulty in appearing before courts at different places.
Analysis: The plea that the petitioner was not participating in the affairs of the company was treated as a defence available in the prosecutions and not as a ground for interference at the threshold. The inconvenience of facing proceedings in different courts across India was not treated as a sufficient basis for quashing the criminal cases.
Conclusion: The request to quash the prosecution proceedings was rejected.
Issue (ii): Whether the petitioner could be permitted to seek exemption from personal appearance in the pending prosecutions.
Analysis: In view of the hardship of repeated personal attendance in multiple proceedings, limited relief was considered appropriate. The permission was made conditional upon the petitioner first appearing before the court concerned, ensuring representation through counsel on hearing dates, not disputing identity, and appearing whenever personal presence was imperatively required.
Conclusion: The petitioner was permitted to seek exemption from personal appearance subject to the stated conditions.
Final Conclusion: The writ petition did not succeed on the request to terminate the prosecutions, but limited procedural relief regarding personal appearance was granted, and the matter was disposed of accordingly.
Ratio Decidendi: A challenge to prosecution under section 138 of the Negotiable Instruments Act cannot be quashed merely because the accused asserts a defence on merits or faces practical difficulty in attending multiple courts, though limited exemption from personal appearance may be granted on appropriate conditions.
TaxTMI 
AI Drafter ✕
TaxTMI 
