Inherent jurisdiction cannot test disputed defence in a cheque dishonour complaint when the offence is disclosed on the face of the complaint.

Section 482 CrPC inherent jurisdiction is limited and cannot be used to assess an accused's defence or decide disputed facts when a Section 138 NI Act complaint discloses the basic ingredients of the offence on its face. Allegations such as denial of acquaintance, loss of cheque book, or non-issuance of the cheque are matters for trial and proof, not quashing proceedings. Since the petition did not show that the complaint was frivolous, vexatious, or lacking essential elements of Section 138, interference was declined and quashing was refused.

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Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 and the ensuing proceedings were liable to be quashed in exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 on the basis of the accused's defence and disputed factual assertions.

Analysis: The petition was examined in the context of the settled limits of inherent jurisdiction, which permit quashing only where the complaint does not disclose an offence, is frivolous or vexatious, or the proceeding amounts to an abuse of process. The Court relied on the governing principles that, at the quashing stage, the High Court does not assume the role of the trial court and ordinarily does not evaluate the accused's defence or disputed questions of fact. The grounds raised in the petition, including denial of acquaintance, loss of cheque book, and absence of issuance of the cheque, were treated as matters of defence requiring proof before the trial court. The petition also did not demonstrate how the complaint lacked the essential ingredients of Section 138 of the Negotiable Instruments Act, 1881.

Conclusion: The petition was not liable to be quashed and the prayer for interference under Section 482 of the Code of Criminal Procedure, 1973 was rejected.

Ratio Decidendi: Inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 cannot be used to test the accused's defence or resolve disputed facts where the complaint, on its face, discloses the ingredients of the offence.

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