IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Criminal Misc. Application No. 683 of 2006 Sri Mohammad Akbar S/o Sri Boli R/o Village Rampur Kalan Police Station Sahaspur District Dehradun … Applicant Vs 1. State of Uttaranchal 2. Sri Raj Kumar S/o Late Sri Kashi Ram R/o Village Jhajhara Police Station Sahaspur District Dehradun … Respondents Sri N.C. Gupta, learned counsel for the applicant Learned A.G.A for the State Hon’ble B.C. Kandpal, J. This petition under Section 482 Cr.P.C. has been filed by the petitioner – Mohd. Akbar who is facing the trial in a case Crime No. 1735 of 2005 Raj Kumar Vs Akbar under Section 138 Negotiable Instrument Act pending in the court of Additional Chief Judicial Magistrate, Dehradun. 2. Brief facts of the case are that the complaint was filed by the respondent No. 2 against the petitioner for the offence under Section 138 Negotiable Instrument Act. The court after having been satisfied, summoned the petitioner vide order dated 03.12.2005 to face the trial under Section 138 Negotiable Instrument Act. The petitioner thus challenged the summoning order as well as prayed for quashing the entire aforesaid criminal proceedings pending against him. 3. Heard Sri N.C. Gupta, learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 4. Having considered the arguments advanced by the learned counsel for the parties, I am of the view that thre is no 2 abuse of process of the court in this case. The averments made in the petition are the 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 the would amount to premature judgment where the evidence is still incomplete and hazy. 5. The petition lacks merit and is liable to be dismissed. 6. Accordingly, the petition under Section 482 Cr.P.C. is dismissed. (B.C. Kandpal, J.) 22.08.2006 ASWAL