1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CA No.341/2008 Shatrughna Ranbahadur Tiwari Vs. Nagmitra Nagri Sahakari Pat Sanstha Maryadit, Nagpur. ------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. DATED : 29th April, 2008. By this application, under Section 482 of the Code of Criminal Procedure, the applicant challenges initiation of criminal proceedings by Criminal Complaint No.282/2007 by the respondent. According to Mr. Daga, the applicant had taken vehicle loan of Rs. 39,359/- and he had agreed to pay monthly installment of Rs. 1530/- per month. Respondent no.1 filed criminal complaint alleging dis-honour of cheque dated 07/11/2007 for Rs. 41,225/-. According to Mr. Daga, since the amount of cheque is more than the loan amount, there is no enforceable debt or liability and as such the prosecution for offence punishable under Section 138 of the Negotiable Instruments Act 1881 (“the Act” for short) is not maintainable. It is pertinent to note that the loan for the vehicle 2 was granted to the applicant in the year 2005 and the cheque is dated 7.11.2006. At this stage, it is difficult to hold that the cheque amount mentioned in the cheque is much more than the amount due to the respondent. This is a matter, which will require evidence to be led at the trial. It is well settled that the prosecution under Section 138 of the Act can be quashed, if the complaint itself discloses that no offence is made out under Section 138 of the Act or there is clear breach of the essential ingredients of Section 138 of the Act. No such case is made out in the present case. Hence, I am not inclined to invoke jurisdiction under Section 482 of the Code of Criminal Procedure. Needless to mention that the applicant will be entitled to take all defences in law before the appropriate forum. With the above observations, the application is dismissed. JUDGE Ambulkar