The petitioner-Fayaz Ahmad Misgar against whom process was issued on the respondent's Complaint under Section 138 of the Negotiable Instruments Act by learned Judicial Magistrate (Judge Small Causes Court), Srinagar, has approached this Court seeking quashing of the proceedings initiated on the respondent's Complaint. Heard learned counsel for the parties and perused the records of the learned Magistrate. Petitioner's learned counsel's contention that the petitioner had no business dealings with the respondent and, therefore, did not owe any amount to her being writ large from what was stated by the Complainant in Paragraph No. 3 of the Complaint, where she had indicated her to be “payee” and “holder in due course”, the criminal proceedings launched by the respondent against him were abuse of the process of Court, cannot be considered at this stage in view of the categoric statement of the respondent-Complainant on oath before the learned Magistrate where she specifically states that she had business dealings with the petitioner and the Cheque was issued to her by the petitioner in discharge of existing debt. In view of the statement made on oath by the respondent that the petitioner had business dealings with her and the Cheque was issued to discharge the existing debt, the petitioner's plea that she was only “holder in due course”, cannot be accepted at this stage. The plea projected by the petitioner needs consideration during the trial of the Complaint and not at this stage. The other plea projected by the petitioner's learned counsel that dishonour of the respondent's Cheque was intimated to the respondent through her banker and not by the petitioner's banker would not be proof of dishonour of Cheque, too is found unsustainable in view of the prima facie evidence on records that the Cheque issued by the respondent stands dishonoured. For all what has been said above, no ground justifying quashing of proceedings initiated on respondent's Complaint has, therefore, been made out. This Petition lacks substance and is, therefore, dismissed.