IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 915 of 2005 Smt. Neelam Jaipuria & another ………..Applicants Versus State of Uttaranchal and another ….Respondents. Present: Mr. Mohd. Azim, Advocate holding brief of Mr. Sandeep Tandon, Advocate for the applicants. Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no.1. Date of Decision: 03.09.2010 Hon’ble Sudhanshu Dhulia, J (Oral) Heard Mr. Mohd. Azim, Advocate holding brief of Mr. Sandeep Tandon, Advocate for the applicants and Mr. Nandan Arya, AGA for State of Uttarakhand/respondent no.1. This Criminal Misc. application has been filed by the applicants under Section 482 of Cr.P.C. for setting aside the summoning order dated 12.05.2004 passed by Judicial Magistrate CBI, Dehradun, in Complaint Case No. 2284 of 2004 M/s J.P. Miniature Bulb Industries Vs. M/s Neelam Enterprises under Section 138 & 142 of Negotiable Instruments Act, 1881 (from hereinafter referred to as the “Act”) whereby the court below has taken cognizance of the same and issued summons against applicant no.1 who is proprietor of the company. Applicant no.2 is a company. The grounds raised by the applicants are that sufficient compliance of Section 138 of the Act has not been made inasmuch as it has not been stated in the complaint as to on what date the notices have received by the applicants and whether it has been received or not. These are questions of fact, which have to be examined by the trial court. These facts cannot be determined by this Court under Section 482 of Cr.P.C. In Monaben Ketanbhai Shah Vs. State of Gujarat (2004) 7 SCC 15 the Hon’ble Apex Court had this to observe in a matter relating to Section 138 of the Act :- “The laudable object of preventing bouncing of cheques and sustaining the credibility of commercial transactions resulting in enactment of Sections 138 and 141 has to be borne in mind.” The objects for which the enactment of Sections 138 and 141 was made in the Act will totally get frustrated if this Court interferes on mere technicalities under Section 482 of Cr.P.C. All the points raised by the applicants before this Court can well be raised before the trial court. This Court, therefore, finds no infirmity in the impugned summoning order dated 12.5.2004 passed by the Judicial Magistrate CBI, Dehradun, in Complaint Case No. 2284 of 2004 M/s J.P. Miniature Bulb Industries Vs. M/s Neelam Enterprises under Section 138 & 142 of the Act. Consequently, there is no scope for this Court to interfere under Section 482 of Cr.P.C. The present C-482 application is totally devoid of merit and is liable to be dismissed and is hereby dismissed. No order as to costs. Interim order dated 16.12.2005 is also vacated. The Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J) 03.09.2010 Kuldeep