- (1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioner moved this Court for quashing of a proceeding relating to an offence punishable under Section 138 of the Negotiable Instruments Act on the following grounds; (a) The cheque in question was issued as the earnest money for purchase of a landed property. (b) The cheque in question was not issued in discharge of any legally enforceable debt or liability. (c) Before presentation of the cheque in question the payee was intimated in writing not to present the cheque and the bank was asked to stop payment. Thus, the provisions of Section 138 of the N.I. Act is not attracted when such cheque was dishonured. (d) A civil suit praying for a permanent injunction against the presentation of the cheque for encashment is pending.
(2.) Heard Mr. Jiban Ratan Chatterjee, the Learned Senior Advocate appeared on behalf of the petitioner. Perused the impugned complaint as well as other materials on record.
(3.) This is well settled invoking its inherent jurisdiction, when an accused approached the High Court for quashing of a criminal proceeding, the Court is to see whether on the face of the allegations offence alleged has been made out or not and at this stage the truth or falsehood and correctness of the allegations made in the complaint cannot be gone into. The accused may have many thing to say in his defence disputing the allegations made against him and that may also ultimately lead to his acquittal after trial but that certainly cannot be the ground for quashing of a criminal proceeding.;