1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Miscellaneous Application No. 129 of 2011 Shri Chanchal Singh S/o Shri B.S. Khetwal R/o Bharadi Road, Kathayatwada Bageshwar, District Bageshwar …..…Petitioner Versus Mahesh Chandra Bhatt S/o Badridutt Bhatt Proprietor M/s Jagannath Traders Durga Bhawan Mandi Gate, Bareilly Road, Haldwani, District Nainital ……….Respondent Mr. Veer Kunwar Singh, Advocate, present for the petitioner. Hon'ble Prafulla C. Pant, J. Heard. 2. This is delay condonation application no. 1091 of 2011, for condonation of delay in moving the restoration application MCRC No. 681 of 2011. 3. Delay condonation application no. 1091 of 2011, is allowed. Delay is condoned. 4. Heard on restoration application, and 2 perused the affidavit filed with the application. 5. Restoration application is allowed. Criminal Miscellaneous Application (C482) no. 129 of 2011, is restored on the condition that the petitioner shall argue the petition on merits today. 6. Also heard on the petition moved under section 482 Cr.P.C., whereby the proceedings of criminal complaint case no. 3447 of 2009, Mahesh Chandra Bhatt vs. Chanchal Singh, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending in the court of Additional Chief Judicial Magistrate, Haldwani. 7. Learned counsel for the petitioner argued that neither there is service of notice on the respondent, nor the amount was payable for which cheque was issued. However, both these pleas are factual in nature, as from the contents of the criminal complaint (Annex. 1) it is clear that notice was sent to the petitioner by registered post on 30.07.2008, on his correct address, and it is also pleaded that towards what liability the cheque was issued by the petitioner to the respondent (complainant). 3 8. In the above circumstances, without expressing any opinion as to final merits of the case the petition under section 482 Cr.P.C., is dismissed summarily. (Prafulla C. Pant, J.) Parul 16.09.2011