IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 274/2005 Harish Kumar … Petitioner Vs State of Uttaranhcal & others ….. Respondents Dated: 18-05-2010 [Hon’ble B.C. Kandpal, J. (Oral)] List has been revised. None has appeared on behalf of the petitioner. Heard learned A.G.A. and perused the record. This petition, U/s 482 Cr.P.C. has been filed for quashing the complaint dated 23-4-1998 U/S 420/465 I.P.C. read with Section 138 Negotiable Instruments Act as well as the entire proceedings in Criminal Case No. 97/2003, Puran Singh Fartiyal vs. Harish Kumar, pending in the court of Judicial Magistrate Champawat, U/Ss 420/465 I.P.C. read with Section 138 Negotiable Instrument Act. Having considered the submission advanced by learned A.G.A. and perusing the documents filed before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. The evidence is still incomplete and hazy. This court while exercising the jurisdiction U/S 482 Cr.P.C. is not supposed to act as a trial Judge. The averments made in the petition are 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. The applicant shall have an opportunity to place the evidence in his 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 petition, at this stage. Accordingly, the petition is dismissed. The interim stay dated 10-5-2005, stands vacated. (B.C. Kandpal, J.) ISB