C482 No. 470 of 2010 Hon’ble Prafulla C. Pant, J Shri Z.U. Siddiquie, Advocate, present for the petitioner. Shri Deep Joshi, Advocate, present for the respondent. Heard learned counsel for the parties. By means of this petition moved under 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. 6121 of 2009 (old no. 4508 of 2008) Anoop Kumar Bhola vs. Ranu Bhoj, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending in the court of Additional Chief Judicial Magistrate, Haldwani. Learned counsel for the petitioner submitted that the petitioner was not served with the notice before filing of criminal complaint. He referred to the para 10 and 11 of the criminal complaint. Said paras clearly indicate that the notices were sent to the petitioner by registered post. In para 11 of the criminal complaint it is specifically mentioned by the complainant that even after receiving the notice the petitioner did not pay the amount relating to the cheques were bounced. Whether the notice was actually served on the petitioner or not is a question of fact, which cannot be examined by this Court. It is for the trial court to appreciate said fact after recording evidence of the parties on this point. Having considered submissions of learned counsel for the parties and after going through papers on record this Court does not find any sufficient reason to interfere with the impugned order. The petition under section 482 of Cr.P.C, is dismissed summarily. (P.C.P,J) PV 01.06.2010