C-482 No. 469 of 2011 Hon. Prafulla C. Pant, J. Mr. R.C. Upadhyay, Advocate, present for the petitioners. Heard. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have sought quashing of the summoning order dated 18.06.2007, passed by Special Judicial Magistrate II, Dehradun, in Criminal Case No. 2745 of 2007 (new No. 1668 of 2010) Harish Chandra Garg Vs. M/s Ashoka Compprint Pvt. Ltd., relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The summoning order passed by the trial court is being challenged after more than three years. The plea taken by the petitioners is that the executant of the Power of Attorney holder had died before the Power of Attorney holder filed the criminal complaint. This is a factual question, as to whether death of executant took place before criminal complaint is filed or not, which can be agitated before the trial court, and cannot be decided by this court in its jurisdiction under Section 482 of Cr.P.C. In the above circumstances, without expressing any opinion as to the final merits of the case, this petition under Section 482 of dismissed. Cr.P.C. is (Prafulla C. Pant, J.) 26.05.2011 HN