IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No.106 of 2006 Vijay Bhushan Pandey S/o Shri Satya Bhushan Pandey R/o R.G.M. Plaza 23 Chakrata Road Dehradun. ………..…Petitioner Versus 1. Special Judicial Magistrate-I, Dehradun 2. Shri Vinod Kumar, S/o Late Laxman Das R/o 72 Tilak Road, Dehradun ....……Respondents Shri Arvind Vashisht, Advocate, present for the petitioner. Shri Nandan Arya,A.G.A.,present for the State. None present for the complainant. Hon’ble Prafulla C. Pant, J. Heard. 2. 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. 419 of 2003, Vinod Kumar vs. Alakhnanda Plantation Ltd., through its Director B.B. Pandey, relating to offence punishable under section 138 of Negotiable Instruments Act, pending in the court of Special 2 Judicial Magistrate, I, Dehardun. 3. Learned counsel for the petitioner submitted that the complaint has been filed against the company, and in the prayer clause punishment has been sought against the company. However on perusal of the complaint it appears that the petitioner M/s Alakhnanda Plantation Ltd., has been impleaded through its Director, B.B. Pandey. It is also apparent from the copy of the complaint that in para 6, it is alleged that Director of the company Shri B.B. Pandey, has issued the cheque dated 27.02.1999. 4. Having considered submissions of learned counsel for the petitioner, and after going through the papers on record, this Court is not inclined to interfere with the trial of the case. Therefore, without expressing any opinion as to final merits of the case, this petition under section 482 of Cr.P.C., is dismissed with the observation that the petitioner may press the pleas raised before this Court, as defence plea before the trial court. Interim order if any, stands vacated. Registry is directed to inform the court concerned. (Prafulla C. Pant,J.) Parul 08.10.2010