C-482 No. 175 of 2010 Hon. Prafulla C. Pant, J. Mr. S.K. Shandilya, Advocate present for the petitioner. Heard. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of the summoning order dated 17.09.2008, passed by Chief Judicial Magistrate, Dehradun, in Criminal Complaint Case No. 5466 of 2009, Yogesh Suri Vs. Sunil Kumar, relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881, Police Station Kotwali Dehradun, pending in the court of Chief Judicial Magistrate, Dehradun. Learned counsel for the petitioner submitted that no notice, as required under Negotiable Instruments Act, 1881, was not served on the petitioner. It is also pleaded that the period of 15 days which was required to be awaited before filing the criminal complaint is also violated. Whether, the notice was served or not on the petitioner, is a question of fact to be seen by the trial court. Whether, the period of 15 days was awaited or not, is required to be examined by the trial court after the parties adduce their evidence. This Court in its jurisdiction under Section 482 of Cr.P.C. cannot examine such disputed questions of fact. Therefore, the petition under Section 482 of Cr.P.C. is dismissed summarily. (P.C. P., J.) 25.02.2010 HN