C-482 No. 574 of 2011 Hon. Prafulla C. Pant, J. Mr. Kishore Kumar, Advocate, present for the petitioner. Mr. P.S. Bohara, Brief Holder, present for State. Heard. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 440 of 2011, Hari Pal Vs. Nazar Singh, relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881, police station Kashipur, pending in the court of Addl. Chief Judicial Magistrate, Kashipur. Mr. Kishore Kumar, learned counsel for the petitioner argued that it is a case of ‘stop payment’. It is further submitted that the petitioner had already informed the person concerned (property dealer) not to present the cheque in the bank. The above plea relating giving notice to the property dealer not to present the cheque is a question of fact which can be seen by the trial court. It is not desirable on the part of this court to decide the factual question in the proceedings under Section 482 of Cr.P.C. Having heard 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 the final merits of the case, this petition under Section 482 of Cr.P.C. is dismissed summarily. (Prafulla C. Pant, J.) 30.06.2011 HN 2