Prima facie NI Act case with disputed facts on company role and cheque authority must go to trial, not quashing.

Where a complaint under Sections 138 and 141 of the Negotiable Instruments Act discloses a prima facie case, disputed pleas about the accused's role in the company, authority to sign the cheque, and the genuineness or execution of the cheque cannot be conclusively decided in quashing proceedings. The court noted contested factual questions on when the petitioner associated with the company, whether he was in charge of its affairs, and whether the cheque was issued in discharge of liability. Those issues had to be examined at trial, so the challenge to the complaint and summoning orders was not accepted and the proceedings were permitted to continue.

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Issues: Whether the complaint and summoning order under the Negotiable Instruments Act could be quashed on the petitioner's plea that he was neither the director nor the authorised signatory of the drawer company and that the cheque-related liability involved disputed questions of fact.

Analysis: The complaint alleged dishonour of a cheque issued towards an outstanding liability and the petitioner disputed his role in the company, his authority to sign the cheque, and the genuineness of the cheque itself. The material on record showed contested factual questions regarding the petitioner's position in the company, the date from which his association commenced, the cheque's execution, and the alleged theft of the cheque leaf. In such circumstances, the Court held that the questions whether the petitioner was in charge of the company's affairs, whether he was the signatory or authorised person, and whether the cheque was issued in discharge of liability could not be conclusively resolved in writ or quashing proceedings and had to be examined at trial.

Conclusion: The petitioner's challenge to the complaint and summoning orders was not accepted, and the proceedings were allowed to continue.

Ratio Decidendi: Where the complaint under Sections 138 and 141 of the Negotiable Instruments Act discloses a prima facie case and the accused raises contested factual pleas about his role, authority, or the cheque transaction, such issues are to be determined in trial and not in proceedings for quashing.

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