Urgency App. 789 / 10 In C-482 No. 323 of 2006 Hon. Prafulla C. Pant, J. Mr. Sudhir Singh, Advocate present for the petitioner. Mr. L.K. Tiwari, Advocate holding brief of Mr. I.P. Gairola, Advocate present for complainant / respondent No. 2. Heard learned counsel for the parties. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of the Criminal Complaint Case No. 687 of 2005, J.K. Enterprises Vs. Ajay Kumar, relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and one punishable under Section 420 of I.P.C., police station Rishikesh, pending in the court of Special Judicial Magistrate, Rishikesh. The proceedings before the trial court are challenged on the ground that the expiry of statutory period before filing the complaint was not complete. It is further stated that the petitioner was not served with the notices before filing the criminal complaint. All these points relate to the factual disputes which can be appreciated by the trial court after examining the evidence on record. This Court in its jurisdiction under Section 482 of Cr.P.C. cannot go into these factual disputes. Lastly, it is contended that the criminal complaint was entertained by the Magistrate beyond the period of limitation of 30 days. The perusal of Annexure –2 to the petition shows that the Magistrate has allowed application for condonation of delay under Section 142(b) of the Negotiable Instruments Act, 1881, on the application of the complainant, before entertaining the criminal complaint, as such, this Court is not inclined to interfere with the trial of the case, and leaves it open for the petitioner (accused) to raise said plea during trial, before the trial court. With the aforesaid observations, without expressing any opinion as to the merits of the case, this petition under Section 482 of Cr.P.C. is dismissed. Interim order dated 08.06.2006, passed by this Court, stands vacated. (Urgency Application No. 789 of 2010 also stands disposed of). (Prafulla C. Pant, J.) 04.03.2010 HN