IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C482) No. 112 of 2011 Saurabh Mahajan S/o Col. Nirmal Mahajan R/o 161/7, Rajpur Road, Dehradun …..…Petitioner Versus 1. Ankit Mohan Raturi S/o Kanti Prasad Raturi R/o 113/2 Kishan Pur Rajpur Road, Dehradun 2. State of Uttarakhand through Secretary Home Dehradun, Uttarakhand ……….Respondents Shri Karan Anand, Advocate, present for the petitioner. Shri M.A. Khan, Brief Holder, present for the State. Hon'ble Prafulla C. Pant, J. Heard. 2. 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. 5694 of 2010 Ankit Mohan Raturi vs. Saurabh Mahajan, pending in the court of Additional Chief Judicial Magistrate, III, Dehradun. 2 3. Learned counsel for the petitioner submitted that complainant has served two notices on the petitioner in respect of the same cheque, and as such, the criminal complaint is not maintainable. This Court has considered the point raised before it , and found that in the criminal complaint there is mention of only one notice dated 09.03.2010, prior to that it is not clear whether oral information regarding dishonour was given or in writing. The plea of two written notices is raised by the petitioner (accused) which can be factually examined by the trial court, not by this Court in its jurisdiction under section 482 Cr.P.C.. Next contention advanced on behalf of the petitioner is that it is a case of instruction of 'stop payment' and not the insufficiency of funds as such, the criminal complaint is not maintainable. However, in view of principle of law laid down by the three judges of the Apex Court in Rangappa vs. Sri Mohan (2010) 11 SCC 441, this Court is of the view that even if the instruction was 'stop payment', the criminal complaint is maintainable. 4. Therefore, the petition under section 482 of 3 Cr.P.C., is dismissed without expressing any opinion as to final merits of the case. (Prafulla C. Pant,J.) Parul 17.02.2011