IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 186 of 2005 Pawan Kumar Saini … Applicant Vs State of Uttaranchal & another … Opposite Parties Hon’ble B.C. Kandpal, J. List has been revised. None has appeared on behalf of the petitioner/applicant before the Court to argue the case. Sri S.S. Adhikari, learned A.G.A. for the State/respondent No. 1 is present before the Court. 2. Heard Sri S.S. Adhikari, learned A.G.A. for the State and perused the record. 3. This petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the proceedings of Case No. 124 of 2004, Alok Kumar Vs Pawan Kumar Saini, under Section 138 of Negotiable Instruments Act pending in the court of Special Judicial Magistrate (CBI) Dehradun. 4. Having considered the submission advanced by learned counsel for the respondent and perusing the documents available before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. The evidences are incomplete and hazy as yet. This Court while exercising the jurisdiction under Section 482 Cr.P.C. is not supposed to act as a trial judge. The averments made in the petition are the disputed question of fact, which can be assessed and judged by the trial court. I am not supposed to embark upon an enquiry with regard to the credibility of the evidence at this stage. Any judgment rendered by me would amount to premature judgment where 2 the evidence is still incomplete and hazy. The applicants shall have an opportunity to place the evidence in their defence before the trial court where the matter shall be finally adjudicated after considering the entire evidence. I do not find any merit in this case at this stage. 5. Accordingly, the petition filed under Section 482 Cr.P.C. is dismissed. 6. Consequently, the stay order dated 06.04.2005 stands vacated. 17.05.2010 ASWAL (B.C. Kandpal, J.)