Section 482 application dismissed in cheque dishonour case as prima facie case established under Section 138 NI Act

Allahabad HC dismissed an application under Section 482 Cr.P.C. challenging summoning order in a cheque dishonour case under Section 138 NI Act. Court held that prima facie case was established against applicant due to presumption under Section 139 NI Act, with all conditions of Section 138 satisfied. No grounds existed for interfering with Magistrate's summoning order. HC directed Magistrate to expeditiously conclude proceedings pending since 2019 in accordance with Section 143 NI Act.

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Issues Involved:
The issues involved in this case are the quashing of the summoning order dated 21.10.2019 and the entire proceedings of Complaint Case No.938 of 2019 u/s 138 Negotiable Instruments Act.

Summary:
The applicant disputed the liability for a dishonored cheque issued under an agreement to sale. The applicant argued that the cheque was obtained by the opposite party through unlawful means for unlawful consideration. The applicant's counsel relied on Section 58 of the Negotiable Instruments Act and disputed the liability for want of consideration, claiming it as a disputed fact to be proved during trial. The High Court referred to a Supreme Court case emphasizing that disputed facts should be resolved by weighing evidence and quashing a complaint should not be done based on inter se disputes without considering statutory presumptions. The Court found a prima facie case against the applicant based on the presumption u/s 139 Negotiable Instruments Act and upheld the summoning order, dismissing the application. The Court directed the Magistrate to proceed with the case expeditiously in accordance with the law and the provisions of Section 143 of the Negotiable Instruments Act.

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