Cheque Dishonour Case: SC Sets Aside Patna HC Order, Restores Complaint

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The Supreme Court has set aside a Patna High Court order that quashed criminal proceedings in a cheque dishonour case. The top court ruled that the high court conducted an improper "roving enquiry" at the pre-trial stage, which led to the quashing of the complaint. In the case, a ₹20 lakh cheque was issued to a person in lieu of goods delivery but was later dishonoured. The complainant lodged a case under section 138 of the Negotiable Instruments Act, and the magistrate summoned the accused. However, the high court quashed the complaint, stating that the cheque was not issued for debt or liability discharge. The Supreme Court bench disagreed, saying that the high court should have only examined whether the allegations made in the complaint, along with supporting materials, made a prima facie case against the accused. In this case, the complaint clearly outlined the necessary ingredients for the commission of the offence under section 138 of the Act. The apex court has restored the criminal complaint, allowing the concerned magistrate to proceed with the case. This decision does not comment on whether the cheque was indeed issued for debt or liability discharge.