C-482 No. 194 of 2010 Hon. Prafulla C. Pant, J. Mr. M.C. Bansal, Advocate present for the petitioners. Mr. Prabhakar Joshi, Brief Holder present for the respondent No. 1. Heard learned counsel for the petitioners and learned Brief Holder for respondent No. 1. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have sought quashing of the charge sheet dated 12.01.2010, relating to offences punishable under Section 420, 467, 468, 471, 120-B of I.P.C., which is registered as Criminal Case No. 131 of 2010; State Vs. Parmanand and four others, pending in the court of Judicial Magistrate, Ramnagar, District Nainital. Learned counsel for the petitioners submitted that civil litigation is already going on between the parties. It is further pleaded that even if the allegations made against the petitioners are taken to be true it attracts only civil liability on the part of the petitioners. However, on examination of the papers on record, this Court finds that there are allegations of cheating of an amount of Rs. 32,25,000/- by the petitioners and the other accused from the complainant. From the perusal of the papers it appears that the land which the complainant was promised to be sold by the accused infact was not transferable by the petitioners who had accepted the money. Whether, there is criminal intention on the part of the petitioners or not, is a question of fact which can be appreciated by the trial court after recording the evidence adduced before it. The disputed questions of fact raised in the petition under Section 482 of Cr.P.C. cannot be made basis for quashing the charge sheet challenged by the petitioners. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the petition under Section 482 of Cr.P.C. is liable to be dismissed. Accordingly, the same is dismissed with the observation that if the petitioners surrender before the court concerned, and move application for bail, their bail application, shall be heard and dispose asonable delay. d of without unre (Prafulla C. Pant, J.) 09.03.2010 HN