Cheque dishonour prosecution cannot be quashed on disputed factual defences when statutory presumptions support the complainant.

A complaint under Section 138 of the Negotiable Instruments Act was not liable to quashing under Section 482 CrPC where the cheque issuance and dishonour were admitted and the accused's plea of absence of consideration and unlawful procurement raised disputed factual issues requiring evidence. The statutory presumption under Section 139 operated in favour of the complainant, and those defences could not be conclusively examined at the quashing stage. The High Court therefore refused interference with the summoning order and complaint proceedings, and directed that the matter proceed in accordance with law with expeditious disposal under Section 143 of the Act.

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Issues: Whether the summoning order and complaint proceedings under Section 138 of the Negotiable Instruments Act, 1881 deserved to be quashed in exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 in view of the applicant's defence that the cheque was issued without consideration and was allegedly obtained by unlawful means.

Analysis: The complaint disclosed the essential ingredients of an offence under Section 138 of the Negotiable Instruments Act, 1881. The cheque issuance and dishonour were not denied, and the defence raised by the applicant turned on disputed questions of fact relating to liability, consideration and the alleged manner in which the cheque was obtained. Such matters require evidence and cannot be conclusively determined at the quashing stage. The statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 operated in favour of the complainant, and the case was not one for interference under the narrow limits of Section 482 of the Code of Criminal Procedure, 1973. The proceeding was also to be dealt with expeditiously in terms of Section 143 of the Negotiable Instruments Act, 1881.

Conclusion: The request to quash the summoning order and the complaint was rejected, and the complaint was permitted to proceed in accordance with law.

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