Section 482 CrPC cannot be used to resolve disputed facts in a cheque dishonour complaint; trial must decide liability.

A criminal complaint under Section 138 of the Negotiable Instruments Act was not quashed under Section 482 CrPC because the dispute turned on contested facts about the cheque's issuance, the capacity in which it was issued, and the underlying employment arrangement. The HC held that such issues require evidence and trial, not summary determination in inherent jurisdiction, and the presence of an arbitration clause did not justify interfering with a complaint that disclosed the ingredients of the offence. The petition to terminate the proceedings at the threshold therefore failed, and the complaint was left to proceed in accordance with law.

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Issues: Whether the criminal original petition seeking quashing of the complaint under Section 138 of the Negotiable Instruments Act, 1881 could be entertained under Section 482 of the Code of Criminal Procedure, 1973 when the parties raised disputed questions regarding the capacity in which the cheque was issued and the underlying employment dispute.

Analysis: The complaint contained allegations that a cheque was issued towards salary arrears and was dishonoured for insufficiency of funds, while the petitioner disputed issuance and liability and relied on the employment arrangement and arbitration clause. The controversy turned on disputed facts, including whether the cheque was issued in a personal capacity or in the capacity of the company's officer. Such questions require appreciation of evidence and determination at trial, not in proceedings invoking inherent jurisdiction for quashing. The arbitration clause did not justify interference with the criminal complaint at this stage.

Conclusion: The petition for quashing was not maintainable on the facts presented and the complaint was left to be tried in accordance with law.

Final Conclusion: The criminal proceedings were allowed to continue, and the challenge seeking their termination at the threshold failed.

Ratio Decidendi: In proceedings under Section 482 of the Code of Criminal Procedure, 1973, the Court will not undertake a factual enquiry into disputed issues that require evidence and trial, particularly where the complaint discloses the ingredients of the alleged offence.

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