Court rejects quashing plea in cheque bounce case, allows defense during trial

The court refused to quash the criminal proceedings under Section 138 of the Negotiable Instruments Act, noting the petitioner's failure to dispute the loan default and dishonoured cheque. The court held that the defense regarding liability transfer due to a partition deed could be raised during trial and dismissed the petition. The Amicus Curiae's assistance was commended, and an honorarium was recommended. The court directed the registry to send a copy of the order to the trial court.

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Issues:
Quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act based on liability dispute and cheque dishonour.

Detailed Analysis:
The petitioner sought quashing of criminal proceedings in C.C. No. 1682/2017 under Section 138 of the Negotiable Instruments Act. The petitioner, represented by an Amicus Curiae, was accused of issuing a dishonoured cheque to a banking company. The banking company filed a complaint alleging default on a sanctioned loan. The petitioner argued that a registered partition deed absolved him of repayment liability as the mortgaged property was transferred to his brother. The petitioner claimed to have informed the bank about this. The respondent contended that the loan transaction was between them and the petitioner, as a co-applicant, was liable. The respondent denied misusing blank cheques and asserted the partition agreement was not binding. The court noted the loan default and the dishonoured cheque issued by the petitioner.

The court found that the petitioner did not dispute the default on the loan or the dishonoured cheque. The petitioner's defense that his liability was transferred to his brother due to the partition deed was noted. The court held that the partition agreement's relevance in the criminal proceeding could be raised at the appropriate stage. The court emphasized that the petitioner's defense against the presumption in favor of the complainant should be presented in the trial court. The court concluded that the criminal proceedings under Section 138 of the N.I. Act were not prima facie without merit and dismissed the petition. The court commended the Amicus Curiae's assistance and recommended an honorarium for him. The court directed the registry to transmit a copy of the order to the trial court where the case was pending.

In summary, the court refused to quash the criminal proceedings based on the dispute over liability arising from a loan default and a dishonoured cheque. The court emphasized that the petitioner's defense should be presented in the trial court and that the partition agreement's relevance could be raised at the appropriate stage. The court dismissed the petition, acknowledging the Amicus Curiae's assistance and recommending an honorarium for him.

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