The exercise of inherent power under Section 482 of the Criminal Procedure Code is limited to ensuring justice and preventing abuse of process, not for resolving factual disputes, which should be left for trial court appraisal.

JUDGMENT

Dinesh Pathak, J.

Heard learned counsel for the applicants, learned AGA and perused the record.

2. The applicant has invoked the inherent power of this Court under Section 482 Cr.P.C. to quash the summoning order dated 24.10.2021, passed by the Judicial Magistrate, First Class, Azamgarh, in complaint case No.1136 of 2021 (Hemant Yadav v. Shailesh Yadav) under Section 138 of Negotiable Instruments Act (in brevity "NI Act"), Police Station - Pawai, District - Azamgarh.

3. It is submitted that respondent no.2 has moved a complaint dated 04.08.2021 with an averment that the accused (applicant herein) has borrowed money amounting to Rs. 1, 90, 000/- from the complainant and in lieu thereof he has furnished four cheques with the following details :

(i) Cheque No.047690, dated 4.4.2021 amounting to Rs. 50, 000/-

(ii) Cheque No.047691, dated 5.4.2021 amounting to Rs. 50, 000/-

(iii) Cheque No.047692, dated 7.4.2021 amounting to Rs. 40, 000/-

(iv) Cheque No.047693, dated 6.4.2021 amounting to Rs. 50, 000/-

4. While the aforesaid cheques were represented by the complainant in his bank account, same have been bounced with an endorsement for want of sufficient fund. Learned counsel for the applicant submits that the borrowed amount of Rs. 1, 90, 600/- as mentioned in the complaint has already been returned to the father of the complainant and in this respect a memorandum of understanding/settlement dated 24.04.2021 has been executed between the parties. Photo stat copy of the settlement is filed as Annexure no.4 to the affidavit filed in support of the instant application. It is further submitted that in the light of the said settlement, present applicant is not under obligation to pay any penny to the complainant. Therefore, complaint itself is not maintainable under Section 138 of the NI Act.

5. Per contra, learned AGA has vehemently opposed the submissions as raised by learned counsel for the applicant and supported the summoning order dated 24.10.2021.

6. Having considered the rival submissions advanced by learned counsel for the applicant as well as learned A.GA. and perusal of record it is manifested that learned Magistrate has issued process under Section 138 NI Act, vide order impugned dated 24.10.2021, after having considered the contents of the complaint and the material filed alongwith it which demonstrates the dishonor of four cheques as mentioned in preceding paragraphs for want of sufficient fund. So far as the settlement dated 24.04.2021 took place between the present applicant and the father of the complainant is concerned, as submitted by learned counsel for the applicant, same is a matter of scrutiny which can be adjudicated upon more appropriately by the trial court concerned after appraising the evidence on record.

7. Financial liability of the present applicant, prima facie, can not be ruled out in the light of the averment as made in the complaint. Genuineness of the agreement dated 24.4.2021 and return of money is still to be examined. At this juncture, in exercise of inherent jurisdiction under Section 482 Cr.P.C, this Court is not expected to conduct a mini trial to examine the averment as made in the instant application and infer the innocence of the present applicant which is a subject matter of trial. Neither there is any abuse of process of court in initiation of criminal proceedings against the present applicant nor there is any justifiable ground to pass an order to secure the ends of justice, in exercise