C-482 No. 119 of 2010 Hon. Prafulla C. Pant, J. Mr. Kartikey Hari Gupta, Advocate present for the petitioner. Mr. Amit Bhatt, Addl. Government Advocate for the State present for respondents No. 1. Heard learned counsel for the parties. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the proceedings of Criminal Case No. 5374 of 2009; State Vs. Sandeep Chaudhary, pending in the court of Chief Judicial Magistrate, Haridwar. Learned counsel for the petitioner submitted the charge under Section 406 of I.P.C. has wrongly been framed by the trial court against the petitioner. He pleaded that the petitioner is innocent, and has nothing to do with the Shri Parasram Holdings (P) Ltd., in whose favour complainant gave a cheque for purchase of shares to the petitioner. Whether, the petitioner is innocent, or not, is a matter to be examined by the trial court after recording evidence. As far as the framing of charge is concerned, the Magistrate appears to have committed no illegality, as the same appears to be based on the evidence on record. Therefore, without expressing any opinion as to the final merits of the case, this petition under Section 482 of the Code of Criminal Procedure, 1973, is dismissed summarily. (P.C. P., J.) 11.02.2010 HN