C-482 No. 459 of 2009 Hon. Prafulla C. Pant, J. Mr. B.S. Adhikari, Advocate present for the petitioner. Heard learned counsel for the petitioner. By means of petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of the criminal proceedings of Criminal Case No. 958 of 2008, State Vs. Vijay Swami and another, relating to offences punishable under Section 406, 506 of I.P.C., pending in the court of Judicial Magistrate, Vikas Nagar, Dehradun. From the papers on record it appears that the first information report was lodged against the accused / petitioner with police station Vikas Nagar, stating that the petitioner who took the JCB machine of the complainant on rent at the rate of Rs. 90,000/- per month, neither returned the machine nor paid the rent. It appears that the investigation was conducted and charge sheet was filed against the petitioner. Having heard learned counsel for the petitioner and after going through the papers on record, this Court is of the view that the plea of innocence can be taken by the petitioner before the trial court. In the opinion of this Court, it is not a fit case in which the proceedings pending before the trial court be interfered with. Therefore, without expressing any opinion as to the final merits of the case, pending before the trial court, the petition under Section 482 of Cr.P.C. is dismissed summarily. (P.C. P., J.) 06.07.2009 HN