C-482 No. 111 of 2008 Hon’ble B.C. Kandpal, J. By way of this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing the summoning order dated 23.12.2006 as well as entire proceedings of Misc. Case No. 260 of 2006, under Sections 406, 504 of I.P.C. pending in the court of Chief Judicial Magistrate, Haridwar. Brief facts of the case are that the respondent No. 2 lodged the F.I.R. against the petitioner alleging therein that he got sanctioned loan of Rs. 50,500/- from P.N.B., Ansari Market Branch Jwalapur in his favour and further the money under loan was released in favour of the petitioner and same amount has been misappropriated by the petitioner. After investigating the case, the police submitted the final report on 30.01.2006. Thereafter, the respondent No.2 filed protest petition against the same before the court of Chief Judicial Magistrate, Haridwar and the learned Magistrate, took cognizance against the petitioner vide order dated 23.12.2006 which is under challenge by way of this petition. Heard Sri S.C. Bhatt, learned counsel for the petitioner and perused the record. Having considered the arguments advanced by learned counsel for the petitioner, I am of the view that there is no flagrant injustice and abuse of process of court in this case. I am not supposed to embark upon an enquiry as to whether the evidence in question is reliable or not or whether on the reasonable appreciation of it, accusation would be sustained or not. It is the function of the trial judge where the evidence is yet to come and the matter is to be decided finally. I do not find any illegality in the impugned summoning order passed by the learned Magistrate. 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.) 15.02.2008 ASWAL