Quashing of cheque dishonour complaint refused where post-dated cheques and conditional issuance raised trial issues.

In a challenge to a criminal complaint under Section 138 of the Negotiable Instruments Act, the Gauhati HC considered whether inherent powers under Section 482 of the CrPC should be used to quash the proceedings. The petition relied on a deed of undertaking and the argument that the cheques were conditional, but the Court noted that the accused had admittedly issued two post-dated cheques and that the surrounding dispute and presentation circumstances raised matters for trial. As the materials did not justify interference at the threshold, the request for quashing was rejected and the prosecution was permitted to continue.

---

---

Issues: Whether the criminal complaint and cognizance under Section 138 of the Negotiable Instruments Act, 1881 should be quashed in exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The petition was founded on the terms of a deed of undertaking and the contention that the cheques were issued subject to conditions. The Court noted that the petitioner had admittedly issued two post-dated cheques and that the dispute arising from the agreement and the circumstances of presentation of the cheque involved questions that could be examined in trial. In such a situation, the materials did not justify interference at the threshold.

Conclusion: The prayer for quashing was rejected and the proceedings were allowed to continue.

---