IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 653 of 2011 Dr. Adesh Kumar S/o L.I.G. Flat Shivlok Colony P.S. Ranipur, District Haridwar ………..…Petitioner Versus 1. State of Uttarakhand through Secretary Home Dehradun. 2. Shankar Sarkar (Tantrik) S/o Late Sudarshan Sarkar R/o S 163 Shivlok Nagar Ranipur P.S. Ranipur, District Haridwar ....……Opposite Party No. 2 Shri S.C. Bhatt, Advocate, present for the petitioner. Shri S.S Adhikari, A.G.A., present for the State. 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. 2121 of 2007, criminal complaint case no. 227 of 2007, and criminal complaint case no. 201 of 2008, all the three 2 filed by respondent no. 2 Shankar Sarkar against the petitioner Dr. Adesh Kumar. 3. The criminal complaints relate to the offence punishable under section 138 Negotiable Instruments Act, 1881, and in respect of three different cheques. Factual pleas of innocence are raised by the petitioner. Summoning orders of the year 2008 are being challenged after a period of three years in the year 2011. 4. This Court in its jurisdiction under section 482 Cr.P.C., is not inclined to look into the factual pleas of innocence raised by the petitioner (accused). It is the trial court who should examine such pleas, if raised by the petitioner, after the evidence is recorded on the plea. 5. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that it is not a fit case in which interference of this Court is required with the trials pending before the trial court. Therefore, the petition under section 482 Cr.P.C., is dismissed summarily. (Prafulla C. Pant, J.) Parul 25.07.2011 3