Chequed dishonour complaints survive quashing where liability and dishonour are alleged, despite security cheque and parallel proceeding defences.

A cheque dishonour complaint under the Negotiable Instruments Act is not liable to be quashed at the threshold under Section 482 CrPC merely because the accused asserts prior settlement, a security cheque defence, or the pendency of related proceedings before another forum. Where issuance of the cheque and its dishonour are alleged in respect of a legally recoverable liability, those defences raise matters for trial rather than grounds for inherent interference. Parallel consumer proceedings do not by themselves make the criminal complaint non-maintainable, and a prima facie case under Section 138 remains capable of being examined in the complaint proceeding.

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Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881, was liable to be quashed in exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The petition challenged the maintainability of the cheque dishonour complaint on the ground that the dispute had also been taken before the consumer forum. The Court noted that the complainant had alleged issuance and dishonour of cheque in respect of a legally recoverable liability. Relying on the settled position that once cheque dishonour is alleged, the accused's defence regarding discharge of liability or the cheque being issued as security is a matter for trial, the Court held that such contentions do not justify quashing at the threshold. The pendency of proceedings arising from the same transaction before another forum did not render the criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, non-maintainable.

Conclusion: The complaint under Section 138 of the Negotiable Instruments Act, 1881, was maintainable and the petition for quashing was rejected.

Ratio Decidendi: A cheque dishonour complaint cannot be quashed at the threshold merely because the accused raises a defence of prior settlement, security cheque, or parallel proceedings; such defences are matters for trial where issuance of cheque and dishonour disclose a prima facie case under Section 138 of the Negotiable Instruments Act, 1881.

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