Quashing of cheque dishonour complaints at the threshold is limited to cases with no offence disclosed or unimpeachable defence material.

Quashing of a Section 138 Negotiable Instruments Act complaint under Section 482 CrPC is justified only when the complaint itself fails to disclose the offence or the accused produces unimpeachable material showing no case is made out. A defence based on an old cheque, differences in handwriting or ink, alleged later filling of the cheque, or denial of a legally enforceable debt raises disputed facts that require evidence and cross-examination, which cannot be undertaken at the quashing stage. Such objections must be examined by the trial court, and quashing on these grounds is not maintainable.

---

---

Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 and the connected proceedings should be quashed in exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 on the basis of the petitioner's defence that the cheque was an old cheque, the writing on the cheque differed, and there was no legally enforceable debt or valid notice.

Analysis: Quashing at the threshold is justified only when the complaint does not disclose the ingredients of the offence or when the accused places unimpeachable and incontrovertible material showing that no case is made out. A disputed defence such as variation in ink, alleged later filling up of the cheque, or denial of liability requires appreciation of evidence and cross-examination, which cannot be undertaken in proceedings under Section 482 of the Code of Criminal Procedure, 1973. Such contentions are matters for the trial court.

Conclusion: The petition for quashing was not maintainable on the asserted defence and was rejected.

---