(1) CRI.APP. 154.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 154 OF 2009 Ramesh Shivnarayan Kasat, Age : 61 years, Occu.: Pensioner, R/o IInd Floor of Dr. Dandekar Hospital, New Nagar Road, Sangamner, Dist. Ahmednagar .. Applicant (Orig. Accused) VERSUS M/s Damodhar Jagannath Malpani, Sangamner, Registered Partnership Firm, Through General Power of Attorney, Shri Shivaji Sukhadeo Aher, Age : 40 years, Occu.: Service, R/o. Malpani House, Indira Gandhi Marg, Sangamner, Dist. Ahmednagar .. Respondent ... Mr. B.V. Dhage, Advocate for the Applicant Mr. A.S. Bajaj, Advocate for the respondent ... CORAM : V.R. KINGAONKAR, J. DATED : 20TH OCTOBER, 2010 ORAL ORDER:- 1. Heard learned counsel. 2. The Application is filed by the original accused seeking quashing of the proceedings under section 138 of the Negotiable Instruments Act. The process has been issued in the private complaint case. (2) CRI.APP. 154.2009 3. The Application involves a disputed question of fact pertaining to the period of issuance of the cheque no. 268426. The case of the applicant is that the cheque was issued prior to 2.11.2002 and was a blank one. He alleges that it was issued due to trust which he reposed in the master i.e. Madhavseth Malpani. He alleged that because he raised dispute regarding non-payment of the provident fund amount, particularly salary for three months period for which he worked after the alleged retirement, the blank cheque was misused and that the proceedings under section 138 of the Negotiable Instruments Act came to be instituted. The contention of the applicant is that the payment under the cheuqe was stopped because it was fabricated by filling up the blank space in the body writing. 4. Assuming that the contentions bear ring of truth, yet it will have to be said that the Application is founded on a probable defence of the applicant. In the exercise of writ jurisdiction, the Criminal proceedings cannot be quashed only on basis of probable defence which the applicant may have. (3) CRI.APP. 154.2009 The issuance of process against the applicant cannot be therefore, faulted with inasmuch as only a prima facie case is required to be examined at the preliminary stage of examining the record for the purpose of taking cognizance of the offence and such order cannot be treated as final one. 5. Consequently, the applicant is at liberty to establish his defence during the course of trial and that there is no question of quashing of the proceedings for offence under section 138 of the Negotiable Instruments Act. The Application is accordingly disposed of. Sd/- [V.R. KINGAONKAR, J.] arp