IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C482) No. 93 of 2011 Charan Pal Singh Sahani S/o Shri Jeet Singh M/s Shubh Distributors, 1104, Sector-21 Chandigarh (Punjab),Shubh Distributors 24/1 (Basement) Industrial Area Phase-2 Chandigarh (Punjab) …..…Petitioner Versus 1. State of Uttarakhand through Secretary Home, Dehradun 2. Harish Birmani Director, Jaineka Pharmaceuticals Pvt. Ltd., 1-Ganga Vihar Awadhut Mandal Ashram Jwalapur, P.S. Jwalapur, District Haridwar ……….Respondents Shri Manish Arora, Advocate, present for the petitioner. Shri T.C. Agarwal, A.G.A, present for the State. Hon'ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under 2 section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal complaint case no. 569 of 2008, Harish Birmani vs. Charan Pal Singh relating to offence punishable under section 138 Negotiable Instruments Act, 1881, P.S. Kotwali, Jwalapur, District Haridwar. 3. Brief facts of the case are that the petitioner issued a cheque no. 939381 dated 30.05.2008 for an amount of ` 1,50,000/- in favour of the complainant (respondent no.2) which on presentation was dishonoured by the bankers on the ground of insufficiency of funds. The trial court after accepting the affidavit under section 200 Cr.P.C., and perusal of the notice and copy of the cheque summoned the accused (petitioner) to face the trial in respect of the charge of offence punishable under section 138 Negotiable Instruments Act, 1881, vide its order dated 01.11.2008. Aggrieved by said order the petitioner filed criminal revision no. 201 of 2010, which was also dismissed on merits by the revisional court/VI Additional Sessions Judge, Haridwar, vide order dated 20.11.2010. 4. Having gone through the papers on record, 3 and after considering the submissions of learned counsel for the parties, this Court is not inclined to interfere with the trial of the case on the factual disputes raised before it. 5. Therefore, the petition under section 482 of Cr.P.C., is dismissed summarily with the observation that the petitioner may raise the plea of innocence and other defences before the trial court. (Prafulla C. Pant,J.) Parul 15.02.2011