IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 777 of 2010 Ramnath Tiwari ………..Applicant Versus State of Uttarakhand and another ….Respondents. Present: Mr.B. N. Molakhi, Advocate for the applicant. Mr. G. S. Sandhu, GA for the State of Uttarakhand/respondent no.1. Date of Decision: 17.08.2010 Hon’ble Sudhanshu Dhulia, J (Oral) 1. Heard Mr. B. N. Molakhi, Advocate for the applicant and Mr. G. S. Sandhu, GA for state of Uttarakhand/respondent no.1. 2. This Criminal Misc. application under Section 482 of Cr.P.C. has been filed by the applicant for quashing of the summoning order dated 2.6.2010 and the subsequent proceedings in Criminal Case No. 27 of 2010 Sudarshan Singh Begi Vs. Ramnath Tiwari under Section 138 of Negotiable Instruments Act, 1881 (from hereinafter referred to as the Act) pending before the learned Judicial Magistrate, Gopeshwar, District Chamoli. 3. Brief facts of the case are that two cheques were drawn by the applicant, which were subsequently dishonoured due to “insufficient funds”. Subsequently, a complaint being Complaint Case No. 27 of 2010 under Section 138 of the Act was filed by the complainant/respondent no. 2 against the present applicant. The learned Magistrate after taking recourse under Section 200 Cr.P.C. issued summons to the present applicant. 4. The only ground alleged in the present application is that there is no legally enforceable right or debt against the present applicant. Whether there is any legally enforceable right or debt against the applicant, this being the disputed question of fact can only be appreciated by the trial Court. It is not for this Court to examine this aspect in a jurisdiction under Section 482 of Cr.P.C.. However, the applicant is at liberty to raise all his objections which have been raised before this Court at the time of trial. 5. Therefore, there is no scope for this Court to interfere under Section 482 of Cr.P.C. Present application is absolutely without merit and is liable to be dismissed and is hereby dismissed. 6. No order as to cost. 7. The Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J) 17.08.2010 Kuldeep