Prima facie Section 138 cheque case cannot be quashed in inherent jurisdiction when signature dispute is for trial

In proceedings under Section 482 CrPC, the court will not undertake a detailed appraisal of disputed evidence where the ingredients of an offence under Section 138 of the Negotiable Instruments Act are prima facie made out. The cheque, dishonour, statutory notice, non-payment, and statements under Sections 200 and 202 CrPC were sufficient to establish a prima facie case, and the dispute over the applicant's signature on the cheque was left for trial. No ground was found to interfere with the revisional order or the summons in the complaint case, and the challenge failed.

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Issues: Whether the order dismissing the revision and the summoning process in a prosecution under Section 138 of the Negotiable Instruments Act should be interfered with in exercise of inherent jurisdiction when the applicant disputed that he had signed the cheque and claimed that this was a matter for trial.

Analysis: A prima facie case under Section 138 of the Negotiable Instruments Act was found to exist on the basis of the cheque, its dishonour, the statutory notice, the non-payment, and the statements recorded under Sections 200 and 202 of the Code of Criminal Procedure, 1973. The dispute regarding the applicant's signature on the cheque was treated as a matter of evidence to be examined by the trial court at the appropriate stage. Where the ingredients of the offence are prima facie established, detailed appraisal of evidence is not warranted in proceedings under Section 482 of the Code of Criminal Procedure, 1973.

Conclusion: No ground was made out for interference with the revisional order or the summons issued in the complaint case.

Final Conclusion: The application invoking inherent jurisdiction failed and the challenged order was left undisturbed.

Ratio Decidendi: In proceedings under Section 482 of the Code of Criminal Procedure, 1973, the court will not undertake a detailed evaluation of disputed evidence when the ingredients of an offence under Section 138 of the Negotiable Instruments Act, 1881 are prima facie made out, and issues such as the authenticity of the cheque signature are for trial.

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