Cheque dishonour defences like security cheque and alteration must be proved at trial, not in quashing proceedings.

In a cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act, a quashing petition under Section 482 CrPC cannot be used to decide disputed defences such as a security cheque plea or alleged alteration in the cheque leaf. The procedural scheme under Sections 143 to 147 of the NI Act is treated as a special code for expeditious summary trial, and such defences fall within the accused's special knowledge and must be raised before the Magistrate, including through the prescribed procedural route and, where needed, an application for recall of witnesses. Because these issues require evidence, they are not fit for determination at the quashing stage, and the complaint proceedings were allowed to continue.

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Issues: Whether the complaint proceedings under Section 138 of the Negotiable Instruments Act, 1881 could be quashed under Section 482 of the Code of Criminal Procedure, 1973 on the basis of the defence that the cheque was a security cheque and that there was alteration in the cheque leaf.

Analysis: The complaint under Section 138 of the Negotiable Instruments Act, 1881 was founded on issuance and dishonour of the cheque, statutory notice, and failure to pay. The provisions governing cheque dishonour prosecutions were treated as a special code, with the stages under Sections 143 to 147 of the Negotiable Instruments Act, 1881 intended to secure an expeditious summary trial. The defence available to the accused, including the plea that the cheque was issued as security or without liability, was held to be within the special knowledge of the accused and therefore to be raised before the Magistrate under the procedural framework of Sections 251 and 263(g) of the Code of Criminal Procedure, 1973, together with an application under Section 145(2) of the Negotiable Instruments Act, 1881 if recall of witnesses was sought. The Court held that disputed questions requiring evidence, including the plea of alteration on the cheque, could not be examined in proceedings under Section 482 of the Code of Criminal Procedure, 1973.

Conclusion: The petition for quashing was not maintainable on the asserted defences, and the trial proceedings were allowed to continue before the Magistrate.

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