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of <h1>Petitioner's plea to quash dishonoured cheque complaint rejected, trial to proceed</h1> The court found the complaint under Section 138 of the Negotiable Instrument Act against the petitioner for dishonour of a cheque maintainable, rejecting ... Maintainability of Criminal proceeding - Dishonor of Cheque - insufficiency of funds - mismatch of signature in the cheque - HELD THAT:- It is clear from the order sheets of Complaint Case No. 230/2021 that the complainant has filed this complaint against the petitioner which has been registered by the learned Judicial Magistrate First Class on 25.01.2021 under Section 138 of Negotiable Instrument Act. Petitioner has filed application under Section 309 of Cr.P.C. on the ground that he wants to file a writ petition before High Court on the ground that his complaint under Section 35 of Consumer Protection Act is pending before the competent Authority, therefore, this petition is not maintainable. Criminal Proceeding under Section 138 of Negotiable Instrument Act for dishonour of cheque is maintainable - petition dismissed. Issues:Petition filed under Section 482 of Cr.P.C. for quashing Complaint Case No. 230/2021 under Section 138 of Negotiable Instrument Act. Application under Section 309 of Cr.P.C. filed by petitioner. Maintainability of complaint case for dishonour of cheque under Section 138 and 139 of Negotiable Instrument Act. Prayers for quashing the complaint case and direction to investigate.Analysis:The respondent filed a complaint under Section 138 of the Negotiable Instrument Act against the petitioner for dishonour of a cheque issued for the purchase of an offset machine. The petitioner had paid a significant amount but failed to pay the remaining sum, leading to the cheque being dishonoured. The respondent initiated the complaint based on the dishonoured cheque and alleged discrepancies in the petitioner's signature. The petitioner, in turn, filed an application under Section 309 of the Cr.P.C. citing a separate complaint under the Consumer Protection Act against the respondent for recovery of damages. The trial court endorsed the application and listed the case for further proceedings.The respondent opposed the petitioner's prayer for quashing the complaint case, arguing that the proceedings under Section 138 and 139 of the Negotiable Instrument Act were maintainable as the petitioner had admitted issuing the cheque. The respondent's counsel relied on various legal precedents to support their argument, emphasizing the validity of the complaint case against the petitioner.Upon hearing both parties and examining the available material, it was observed that the complaint case had been registered under Section 138 of the Negotiable Instrument Act based on the dishonoured cheque. The petitioner's application under Section 309 of the Cr.P.C. claimed the pending complaint under the Consumer Protection Act as a ground for non-maintainability of the present petition. The court referred to a Supreme Court judgment in a similar matter, highlighting the importance of considering all contentions and defenses during the trial rather than dismissing the complaint at an early stage.In light of the facts and circumstances of the case, the court concluded that the criminal proceeding under Section 138 of the Negotiable Instrument Act for the dishonour of the cheque was maintainable. As a result, the petition seeking to quash the complaint case was deemed devoid of merits and dismissed accordingly.
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