C-482 No. 191 of 2010 With Stay App. No. 160 / 10 Hon. Prafulla C. Pant, J. Mrs. Pushpa Joshi, Advocate present for the petitioner. Mr. Prabhakar Joshi, Brief Holder present for the respondent No. 1. Heard learned counsel for the petitioner and learned Brief Holder for respondent No. 1. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of the charge sheet and summoning order dated 26.10.2009, passed by Judicial Magistrate (Ist Class) Roorkee, District Haridwar, in criminal case No. 3296 of 2009, relating to offences punishable under Section 406, 420, 323, 504 of I.P.C., Police Station Kotwali Roorkee, District Haridwar. Learned counsel for the petitioner submitted that ingredients of offences punishable under Section 406 and 420 of I.P.C. are not made out. It is further contended that the allegations if taken to be true constitute only offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Having gone through the contents of the first information report and other papers on record, this Court finds that there are allegations of deception, by issuing cheques of the closed account. In the petition it is pleaded that neither the petitioner is a trader, nor he has misappropriated any sum. All these are factual points which can be appreciated by the trial court after recording evidence. In the above circumstances, this petition under Section 482 of Cr.P.C. is dismissed summarily with the observation that if the petitioner surrenders before the court concerned, and moves application for bail, his bail application, shall be heard and disposed of without unreasonable delay. (Stay Application No. 160 of 2010 also stands dismissed). (Prafulla C. Pant, J.) 09.03.2010 HN