IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 718 of 2010 Shamshad Ali ` …….Applicant. Versus Anish Ahmad ……Respondent. Mr. Manish Arora, Advocate for the applicant. Mr. Rajendra Singh, Advocate for the respondent. Hon’ble Sudhanshu Dhulia, J. Heard learned counsels for the applicant as well as the respondent. This Criminal Misc. Application under Section 482 Cr.P.C. has been filed for setting aside the order dated 9.9.2009 passed by the Judicial Magistrate, Roorkee, District Haridwar in Complaint Case No. 376 of 2009 whereby the applicant has been summoned on a complaint under Section 138 of the Negotiable Instrument Act. It has also been prayed by the applicant that the further proceedings under Complaint Case No. 376 of 2009 be set aside. Brief facts of the case are that the applicant had drawn two cheques of Rs. 2,00,000/- and 1,50,000/- bearing No. 262558 dated 5.7.2009 and 262559 dated 20.7.2009 respectively in favour of the respondent. The said cheques were dishonoured on 9.7.2009 and 22.7.2009. Thereafter the respondent sent a registered notice dated 3.8.2009 under Section 138 of the Negotiable Instrument Act, 1881 and when nothing was heard on it, a complaint was filed by the applicant under Section 138 of the Negotiable Instrument Act. The legal challenge to the said notice rests on the argument made by the learned counsel for the applicant that it has not been revealed in the complaint as to on which date the said notice under Section 138 of the Act was received by the applicant. Since the date of receiving of the notice has not been given in the complaint, it cannot be determined as to whether the complaint has been filed after 15 days of receipt of the notice. This is the short contention of the applicant. 2 The fact of the matter is that notice under Section 138 of the Act was sent by Registered post on 3.8.2009 and therefore it will be deemed to be received by the applicant few days thereafter. This is a disputed question of fact which has to be seen by the learned Judicial Magistrate who has taken cognizance in the matter. It is for him to determine as to whether actual offence was made or not. The arguments raised by the applicant before this Court cannot be examined by this Court while adjudicating upon Criminal Misc. Application filed under Section 482 of Cr.P.C. The same can be raised before the court below who has issued the summoning orders to the applicant. With these observations, the Criminal Misc. Application is dismissed. No order as to costs. Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J.) 16.8.2010 Avneet