Existence of legally enforceable debt under Section 138 NI Act is a trial issue, not for quashing proceedings.

Headnote:The petition under Section 482 CrPC seeks to quash the charge sheet in proceedings under Section 138 of the Negotiable Instruments Act, 1881, alleging the cheque was issued between business partners without a legally enforceable debt. The court examined whether quashing is permissible at the pre-trial stage. The court held that determining the existence of legally enforceable debt requires trial evidence and cannot be resolved in quash proceedings. The primary issue framed is whether the cheque was issued for a legally enforceable debt, rendering NI Act provisions inapplicable due to partnership relations. The ratio decidendi emphasizes that factual disputes over debt enforceability must be adjudicated at trial, not in proceedings to quash under inherent powers. The Criminal Original Petition is dismissed, with incidental applications closed or allowed as ordered.

Table of Content
1. petition to quash section 138 ni act charge sheet. (Para 1 , 2)
2. debt enforceability determined at trial, not quashing. (Para 3 , 4)
3. petition dismissed; appearance dispensed. (Para 5)

ORDER

The present criminal original petition has been filed by the petitioner/sole accused in STC No.105/2026 on the file of the learned Judicial Magistrate No.I, Ramanathapuram District, seeking to quash the charge sheet wherein the petitioner has been charged for the offence under Section 138 of the Negotiable Instruments Act.

2. According to the learned counsel for the petitioner, the petitioner and the defacto complainant are partners in a business and therefore, the provisions of NI Act could not be attracted. According to him, cheque was not issued for a legally enforceable debt.

3. Heard the learned counsel appearing for the petitioner and perused the records.

4. Whether the cheque was issued for legally enforceable debt or not is the subject matter of trial. Therefore, the said issue cannot be decided in the quash proceedings. In view of the said fact, this Criminal Original Petition stands dismissed. Consequently, Crl.M.P(MD)No.6728 of 2026 is closed.

5. The personal appearance of the petitioner in STC No.105/2026 on the file of the learned Judicial Magistrate No.I, Ramanathapuram District, shall stand dispensed with unless it is specifically directed by the trial Court. Accordingly, Crl.M.P(MD)Nos.6730 of 2026 is ordered.

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2026 Supreme(Online)(Mad) 29913

IN THE HIGH COURT OF JUDICATURE AT MADRASR.VIJAYAKUMAR, JAnnarani – AppellantVersusJawahar – RespondentCrl.M.P(MD)Nos.6728 and 6730 of 2026 | STC No.105/2026

Existence of legally enforceable debt under Section 138 NI Act is a trial issue, not for quashing proceedings.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Annarani – Appellant
Versus
Jawahar – Respondent
Crl.M.P(MD)Nos.6728 and 6730 of 2026 | STC No.105/2026