C-482 No. 466 of 2010 Hon’ble Prafulla C. Pant Shri Vivek Shukla, Advocate present for the petitioner. Shri G.S. Sandhu, Government Advocate, present for the State. Heard. By means of this petition, moved under section 482 of Code of Criminal Procedure 1973, the petitioner has sought quashing of the proceedings of criminal complaint case no. 192 of 2009 Vinod Kumar vs. Raghunath, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, Police Station Pathri, pending in the court of Judicial Magistrate, Haridwar. Learned counsel for the petitioner submitted that the petitioner’s cheques were lost on which he made a report to the concerned police outpost. Whether the petitioner’s cheque were lost or not is a question of fact which cannot be decided by this court in its jurisdiction under section 482 of Cr.P.C. The petitioner can take this plea before the trial court in his defence. Learned counsel for the petitioner submitted that in the prayer clause in the complaint the petitioner has not prayed for awarding the punishment under section 138 of Negotiable Instruments Act. However, on the perusal of the copy of complaint (Annexure-2 to the petition), this court finds that in the title of the criminal complaint it is clearly mentioned that the complaint is moved under section 138 of Negotiable Instruments Act, and in the prayer clause it is clearly mentioned that the accused be punished severely. As such, this court does not find substance in said argument. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to final merits of this case, this court is of the view that it is not a fit case for interference under section 482 of Cr.P.C. Therefore, the petition under section 482 of Cr.P.C., is dismissed with the observation that the petitioner may raise plea of the innocence before the trial court. (P.C.P.,J.) 21.05.2010 NP