IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C 482 Criminal Misc. Application No. 913 of 2009 Surendra Kumar Verma. …..…Applicant. Versus State of Uttarakhand and another. …….Respondent. Hon’ble Alok Singh, J. Mr. S.K. Posti, learned counsel for the applicant. Mr. S.S. Adhikari, learned AGA for the State of Uttarakhand / respondent no. 1. Present petition has been filed under section 482 of Code of Criminal Procedure challenging the summoning order dated 24.06.2009 whereby learned ACJM III, Dehradun has summoned the accused – (petitioner herein) under section 138 of Negotiable Instruments Act. Mr. S.K. Posti fairly stated that of course cheques were issued by petitioner but in collateral security. He further submitted that petitioner has paid Rupees Four Lakh in cash and requested the complainant to return his cheques, however, instead of returning the cheques complainant dishonestly submitted the cheques for encashment. The scope of Article 226 of the Constitution of India or scope of Section 482 of Code of Criminal Procedure is limited. While exercising powers in either of the provision, court is not supposed to enter into the question of fact or appreciation of evidence. The only thing which is required to be seen by the Court is as to whether contents of the complaint, statement recorded under 2 section 200 and 202 Cr.P.C. and material produced before the Magistrate make out any prima facie case or not. This Court is not empowered to look into any defence which could be taken before the Trial Court. In the present matter (i) Cheque was given by the petitioner is admitted; (ii) Presentation of the cheque by the complainant to the Bank is admitted; (iii) Dishonour of cheque with the remark “insufficient fund” is admitted; (iv) Statutory notice by the complainant was served by the complainant before filing of the complaint is admitted. In view of this I find no jurisdictional or legal error in the impugned order. Petition is devoid of merit, hence, is dismissed summarily. However, it is made clear that petitioner can take all the defence available to him before Trial Court. (Alok Singh, J.) 01.12.2009 SKS