IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 550 of 2011 with Stay Application No. 672 of 2011 1. Anuj Sarin S/o Deepak Sarin 2. Rajeev Gupta S/o Bhagwat Prasad Gupta Both are Directors M/s Uttaranchal Food Private Limited, Registered office 124 AGCR Enclave New Delhi-92 ………………..Petitioners Versus 1. State of Uttarakhand through Secretary Home, Dehradun 2. Dalvinder Singh S/o Shri Iqbal Singh R/o Village Bigwara, Tehsil Kichcha, District Udham Singh Nagar …………. Respondents Shri B.M.Pingal, Advocate, present for the petitioners. Shri M.A.Khan, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2 (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 651 of 2010 , Dalvinder Singh Vs. M/s Uttaranchal Food Pvt. Limited and others, relating to offence punishable under section 138 of Negotiable Instruments Act 1881, Police Station Rudrapur, District Udham Singh Nagar, pending in the court of Civil Judge (Junior Division) / Judicial Magistrate, Rudrapur. (3) Perusal of the copy of criminal complaint shows that said case is pending since 2007. The summoning order is being questioned after a period of almost four years. Learned counsel for the petitioners submitted that a civil suit for recovery of amount has been filed by the complainant. However, it appears that the suit is filed much after the criminal compliant is filed. Apart from this if there is civil as well as the criminal liability, it can not be said that merely by filing the civil suit, complainant has lost his right to maintain the criminal complaint. As far as the plea taken by the petitioner that the cheque was not given in persuance to any legally enforceable liability, can be taken by the petitioner before the trial court. 3 (4) For the reasons as discussed above, this petition under section 482 of Cr.P.C., is dismissed summarily. Stay Application No. 672 of 2011 also stands dismissed. (Prafulla C. Pant, J.) Dt.27.06.2011 Nahid