IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 451 of 2011 Shriya Packaging Private Ltd, through its Managing Director Arun Kumar, S/o Kedar Nath Gupta Dabhora Musthkam, Bazpur Road, Kashipur, District Udham Singh Nagar. .........Applicant. Versus Astha Commercial Company through its partner Amit Grover near Roadway Bus Station Bazpur Road, Kashipur, District Udham Singh Nagar. ........... .…Respondent Hon’ble Prafulla C. Pant, J. Mr. D.C.S. Rawat, Advocate present for the petitioner. Mr. M.A. Khan, Brief Holder present for the State. Heard. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 the petitioner has sought a writ in the nature of certiorari quashing the proceedings of criminal complaint case no. 728 of 2011 Astha Commercial Company Vs. Shriya Packaging Private Ltd. relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881 pending in the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. Having considered the submissions of learned counsel for the petitioner and after going through the impugned summoning order passed by the Trial Court and other papers on record, without expressing any opinion on the final merit of the case, this 2 petition under section 482 of Cr.P.C. is dismissed summarily with the observation that petitioner may take the factual plea as well as legal plea, relating to his innocence before the trial court. (Prafulla C. Pant, J.) 16.06.2011 SKS