C482 No. 1142 of 2011 Hon'ble Prafulla C. Pant, J. Smt. Seema Sah, Advocate, present for the petitioner. Shri S.S.Adhikari, A.G.A., present for the state. Heard. By means of this petition moved under section 482 of Cr.P.C., the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 1870 of 2011, Ganga Dabur vs. Sikandar Hussain, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending before Judicial Magistrate, Khatima. Learned counsel for the petitioner pleaded that the notice was issued by the complainant after expiry of one month of the cheque dishonoured. It is further pleaded that notice was not served on the petitioner. However, disputed questions of fact can not be examined by this court in its jurisdiction under section 482 of Cr.P.C. Therefore, without expressing any opinion as to final merits of the case, the petition under section 482 of Cr.P.C., is summarily dismissed with the observation that the petitioner is at liberty to raise such pleas in his defence before the trial court. (P.C.Pant., J.) 19.12.2011 NP