C482 No. 987 of 2009 Hon. Prafulla C. Pant, J. Shri M.K. Ray, Advocate, present for the petitioner. Heard learned counsel for the petitioner. By means of this petition, moved under Section 482 Cr.P.C., the petitioner has sought quashing of the proceedings of criminal complaint case No. 617 of 2009, Amrik Singh Vs. Mihar Mandal, relating to offence punishable under Section 138 of Negotiable Instruments Act, P.S. Dineshpur, District Udham Singh Nagar, pending in the court of IInd Additional Civil Judge (Junior Division)/Judicial Magistrate, Udham Singh Nagar. Learned counsel for the petitioner submitted that petitioner did not receive the statutory notice, required to be given before filing a criminal complaint relating to offence punishable under Section 138 of Negotiable Instruments Act. It is further pleaded that there was no occasion on the part of the petitioner to issue cheque amounting Rs. 1,80,000/- to the complainant (present respondent No. 2) I have considered submissions of learned counsel for the petitioner and also perused the summoning order dated 30.06.2009, annexed as annexure-4 to the petition. The Magistrate has passed a speaking order while summoning the accused (present petitioner) after considering the statement of complainant under Section 200 Cr.P.C. and the documentary evidence i.e. cheque No. 225453, dated 21.03.2009. The Magistrate has also mentioned in the summoning order that the complainant has stated that the notice was given to the petitioner/accused. Whether the petitioner is innocent or not, and whether the notice was actually received by him or not are the matters, which can be examined by the trial court. This Court in its jurisdiction under Section 482 Cr.P.C., cannot hold this way or that way on the basis of half baked evidence. For the reasons as discussed above, this petition is dismissed summarily. Dt. 21.01.2010 (P. C. P., J.) S Vacation Judge