ORDER : 1. The present petition has been filed by the petitioner for quashing the criminal proceedings and also order dated 06.06.2024 passed by the Court of learned Munsiff/ JMIC in the complaint titled “Glare Glass Traders Vs Sanjay Gupta” filed by the respondent under Section 138 of Negotiable Instrument Act. 2. It is contended by the petitioner that he had lost the cheque regarding which the bank was intimated on 13.12.2022 and the respondent has misused the lost cheque for the purpose of filing the complaint against the petitioner under Section 138 of the Negotiable Instrument Act. The petitioner has further urged that there was no legally enforceable debt or other liability regarding which the respondent claims to have received the cheque from the petitioner. 3. Mr. Ankur Sharma learned counsel for the petitioner has argued that the petitioner had lost the cheque and had even intimated the bank for stopping the payment of the cheque way back in the month of December,2022 and the bank on instructions of the petitioner for stopping the payment, dishonoured the cheque dated 18.02.2024. The petitioner had also approached the SHO Police Station, Kathua in respect of the misuse of the cheque by the respondent. 4. Per contra, Mr. Rajnish Singh Parihar, learned counsel for the respondent has argued that all the contentions raised by the petitioner in the instant petition, are in fact the defences, which may be available to the petitioner and he can raise the same before trial court during the course of trial. 5. Heard and perused the record. 6. The perusal of the record reveals that the complaint under Section 138 of Negotiable Instrument Act was filed by the respondent stating therein that the petitioner was declared successful highest bidder for the financial year 2022-23 for liquor vend at Ramnagar and during the financial year 2022-23, the petitioner used to purchase liquor items from the respondent in respect of which various requisitions were made by him in the portal of the Excise Department and the stock was dispatched to the petitioner by the respondent after obtaining necessary transport permit from the Excise Department. In order to discharge the said liability, the petitioner had issued the cheque. In order to discharge the said liability, the petitioner had issued the cheque. The contention of the petitioner is that he had lost the cheque, regarding which the bank was intimated way back in the month of December, 2022, which clearly demonstrates that the cheque was not issued by the petitioner and that too for discharge of any legally enforceable debt or liability by the petitioner. 7. The record depicts that the petitioner has placed on record the intimation dated 13.12.2022 and the cheque too has been dishonoured by J&K Bank for reasons “stop payment”. 8. The petitioner may be having some defence as urged by the petitioner and noted by this Court above but the same cannot be considered at the very initial stage and the petitioner is well within his right to demonstrate before the learned Trial Court during the course of trial that he had lost the cheque and had not issued the same in order to discharge any legal enforceable debt or liability. 9. In view of this, the present petition is disposed of by permitting the petitioner to raise all the pleas raised in the present petition before the learned Munsiff/JMIC during course of trial. 10. Disposed of. 11. Interim direction shall stand vacated.