C482 No. 07 of 2011 Hon'ble Prafulla C. Pant,J. Shri Manish Arora, Advocate, present for the petitioner. Heard. 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. 2584 of 2010, Parveen Singh vs. Subendar Singh relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, Police Station Rajpur, pending in the court of Chief Judicial Magistrate, Dehradun. Learned counsel for the applicant pleaded that the application moved under section 258 Cr.P.C., before the trial court has wrongly been rejected by the trial court. Section 258 Cr.P.C., is applicable to summons cases not arisen out from the complaint. The impugned criminal proceedings have arisen in a complaint case. Having considered submission of 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 final merits of the case, the petition under section 482 of Cr.P.C., is dismissed, leaving it open to the petitioner to raise the plea of innocence before the trial court. (Prafulla C. Pant,J.) Parul 05.01.2011