C482 No. 495 of 2010 Hon’ble Prafulla C. Pant, J Shri S.S. Chauhan, Advocate, present for the petitioner. Heard. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C) the petitioner has sought quashing of the proceedings of criminal complaint case no. 2180 of 2009, Shobhit Bansal vs. Vijay Kumar Agrawal, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending in the court of Civil Judge (Jr. Div.)/Additional Magistrate, Haldwani. Learned counsel for the petitioner submitted that a cheating was committed with the petitioner who has already filed criminal complaint against the respondent in the court at Aligarh, in respect of offences punishable under section 420, 406, 467, 468, 471 I.P.C. It is further pleaded that the bank account of the petitioner was already closed before the cheque in question was presented by the respondent to the bankers. All the above pleas are factual in nature, which can be examined by the trial court after recording evidence. It is not desirable on the part of this Court to appreciate disputed question of fact raised in this petition. Therefore, without expressing any opinion as to the final merits of the case, the petition under section 482 of Cr.P.C., is summarily dismissed. (P.C.P, J) PV 04.06.2010