COURT’S OR JUDGE’S ORDERS IA No. 1789 of 2010 IN C-482 No. 654 of 2009 Hon’ble Prafulla C.Pant, J. Sri Pawan Mishra, Avocate, present for the petitioner. Shri S.K. Jain, Advocate, present for the respondent. Heard counsel for the parties. 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. 2387 of 2008, Sunil Kumar Gupta vs. Deepak Dogra & others, relating to offences punishable under section 420, 120BIPC, pending in the court of Judicial Magistrate II, Dehradun. The complainant/respondent has filed criminal complaint against the present petitioner alleging that she had committed cheating by executing agreement of to Deepak Dogra. It is also alleged in the criminal complaint that the complainant (Present respondent) was cheated of Rs. 6,40,000/- of which he made payment to the present petitioner. On behalf of the petitioner it is stated that the petitioner has not committed any cheating, the agreement with Deepak Dogra was the previous agreement to the one executed in favour of the respondent. It is also contended that the petitioner’s sons have executed two sale deeds in favour of the respondent. Having considered submissions of learned counsel for the parties and after perusing the affidavit and counter affidavit, this Court is of the view that what in substance has been raised before this Court is a question of fact, which cannot be examined by this Court in its jurisdiction under section 482 of Cr.P.C., on the basis of the incomplete evidence before it. It is desirable for the trial court to go into the question of fact after recording evidence of the parties. For the reasons as discussed above, without expressing any opinion as to the final merit of the case the petition under section 482 of Cr.P.C., is dismissed. (Urgency application no. 1789 of 2010 stands disposed of). (P.C.P.,J.) 03.06.2010