1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 878 of 2010 Suman Gagat ………..Applicant Versus State of Uttarakhand and another ….Respondents. Present: Mr. Tapan Singh, Advocate for the applicant. Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no.1. Date of Decision: 18.09.2010 Hon’ble Sudhanshu Dhulia, J. (oral) Heard Mr. Tapan Singh, Advocate for the applicant as well as Mr. Nandan Arya, learned Assistant Government Advocate for the State. This Criminal Misc. Application under Section 482 of Cr.P.C. has been filed against the summoning order dated 11.5.2007 passed by the learned Chief Judicial Magistrate, Dehradun and subsequent proceeding in Criminal Case No. 766 of 2007 State Vs. Smt. Suman Gagat under Section 420 IPC. The averments in the F.I.R. state that there was a recovery due against the applicant and subsequently when this amount could not be paid, her house was set for auction. In order to stop the auction proceeding, she approached the District Magistrate and the District Magistrate directed that in case she deposits Rs. 7,00,000/- the auction proceeding will be stayed. Thereafter she gave a cheque of Rs. 7,00,000/- in favour of the Tehsildar, Dehradun and subsequently the aforesaid cheque was dishonoured. Therefore, an F.I.R. was filed against the applicant under Section 420 IPC. Prima facie, an offence under Section 420 is made out against the applicant. There is no good ground to interfere in the present case while adjudication upon under Section 482 Cr.P.C. The present C-482 petition is totally devoid of merit and is liable to be dismissed and is hereby dismissed. No order as to cost. Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J) 18.09.2010 Avneet