C-482 No. 783 of 2009 Hon’ble B.C. Kandpal, J. By way of this petition under Section 482 Cr.P.C. the petitioner has prayed for quashing the summoning order dated 25.07.2007 as well as proceeding of Complaint Case No. 1794 of 2007, Sushil Vs High Tech Electricals, under Section 138 of Negotiable Instruments Act pending in the court of Judicial Magistrate Roorkee, District Nainital. Brief facts of the case are that the opposite party – Sushil Kumar filed a complaint against the petitioner – Pankaj Kumar for not paying his money back. On the basis of this complaint, learned Magistrate summoned the applicant vide order dated 25.07.2007. Feeling aggrieved by the aforesaid summoning order as well as complaint, the petitioner has preferred this petition before this Court. Heard Sri Manish Arora, learned counsel for the petitioner on the point of admission and perused the record. After hearing learned counsel for the petitioner at great length and going through the material available before me, I am of the view that there is no flagrant injustice and abuse of process of court in this case. The averments made in the petition are the disputed question of fact, which can be assessed and judged by the trial court. I am not supposed to embark upon an enquiry with regard to the credibility of the evidence at this stage. Any judgment rendered by me would amount to premature judgment where the evidence is still incomplete and hazy. I do not find any merit in this case at this stage. Accordingly, the petition filed under Section 482 Cr.P.C. is dismissed in-limine. (B.C.K., J.) 14.10.2009 ASWAL