IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Case No. 734 of 2011 Sri Banshi Lal, Son of Sri Ram Awtar, R/o Miyanwala, Naya Gaon, Dehradun. ….…..Petitioner Versus Sri Puran Singh Verma, Son of Sri Kewal Ram, R/o Mohkampur, Dehradun. ……Respondent Mr. Ramji Srivastava, Advocate, present for the petitioner. Mr. Pawan Mishra, Advocate, present for the respondent. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this petition, moved under Section 482 Cr.P.C., the petitioner has sought quashing of proceedings of Criminal Complaint Case No.3181 of 2010, Puran Singh Verma Vs. Banshilal, relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate First, Dehradun. 3) Learned counsel for the petitioner pleaded that cheque in question was issued way back in the year 2008. 2 The complainant (respondent) presented cheque after one year i.e. after expiry of validity of the cheque. It is further pleaded that meanwhile petitioner had lodged First Information Report, regarding the loss of the cheque. 4) On the other hand copy of the complaint shows that the cheque No. 816419 for an amount of ` 3,20,000/- was issued on 18.02.2010. 5) In the above circumstances, the factual pleas raised by the petitioner cannot be examined by this Court in its jurisdiction under Section 482 of Cr.P.C. It is desirable for the trial court to examine the factual pleas of defence, after recording evidence of the parties. 6) Therefore, without expressing any opinion, as to final merits of the case, the petition under Section 482 Cr.P.C. is dismissed. (Interim order dated 04.08.2010, stands hereby vacated). (Prafulla C. Pant, J.) 19.09.2011 JM