Prima facie cheque dishonour complaint cannot be quashed on disputed notice, issuance, or prematurity issues at the Section 482 stage.

A complaint under Section 138 of the Negotiable Instruments Act, 1881 supported by the cheque, dishonour memo, notice and postal records disclosed a prima facie case of dishonour for insufficiency of funds. Disputes about whether the cheque was issued, whether statutory notice was actually served, and whether the complaint was premature were treated as questions of fact. The HC held that such issues cannot be resolved in proceedings under Section 482 of the Code of Criminal Procedure, 1973 and must be tested at trial. Service of notice sent by registered post to the correct address could not be rejected at the quashing stage, so the complaint and summoning order were not quashed.

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Issues: Whether the criminal complaint and summoning order under Section 138 of the Negotiable Instruments Act, 1881 were liable to be quashed on the grounds of alleged prematurity of the complaint, disputed service of notice, and denial of issuance of the cheque.

Analysis: The complaint was supported by the cheque, dishonour memo, notice and postal material, and the court found a prima facie case of dishonour for insufficiency of funds. The objections raised by the applicant regarding whether the cheque was issued, whether the notice was actually served, and whether the complaint was filed before the expiry of the statutory period were treated as disputed questions of fact. The court held that such disputes cannot be resolved in proceedings under Section 482 of the Code of Criminal Procedure, 1973 and must be examined at trial. The court also relied on the statutory presumption available to the holder of the cheque and held that service of notice sent by registered post at the correct address could not be discarded at the quashing stage.

Conclusion: The complaint and summoning order were not liable to be quashed, and the petition was dismissed.

Ratio Decidendi: At the quashing stage, where a complaint under Section 138 of the Negotiable Instruments Act, 1881 discloses a prima facie case supported by dishonour and notice material, disputed issues regarding service of notice, issuance of the cheque, and the existence of liability must be left to trial and cannot justify interference under Section 482 of the Code of Criminal Procedure, 1973.

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