IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 486 of 2011 Sandeep Kumar Jindal S/o Shri Krishan Chander Jindal C/o S.M.Enterprises, Balliwala Chawk, Kanwali Road, Police Station Basan Vihar District Dehradun R/o House No. 235, Indira Nagar Colony Post Office New Forest, Police Station Basant Vihar, District Dehradun ………………..Petitioner Versus 1. State of Uttarakhand through Principal Secretary of Home, Dehradun 2. Bimal Prashad S/o Shri Kundan Lal R/o 56/5 F Valley Enclave Canal Road, Jakhan, Police Station Rajpur District Dehradun …………. Respondents Shri Sandeep Tandon, Advocate, present for the petitioner. Shri B.S.Parihar, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. 2 Heard. (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 1071 of 2011 (old no. 37 of 2008, 1044 of 2008, 3142 of 2009 & 3741 of 2010), Bimal Prashad Vs. Mukesh Rana and others, pending in the court of Judicial Magistrate Ist, Dehradun, relating to offence punishable under section Negotiable Instruments Act 1881, Police Station Rajpur, District Dehradun. (3) The criminal complaint appears to have been filed in the year 2008, and at present pending at the stage of cross examination of PW1 Bimal Prashad . A cheque of ` 8,24,500/- issued by the petitioner is said to have been dishonored on presentation before the bankers. Learned counsel for the petitioner submitted that a service of notice is not proper on the petitioner. It is further pointed out that subsequent to file the criminal complaint, the complainant has filed Civil Suit No. 37 of 2010. However, perusal of the copy of plaint of the suit shows that the relief sought is cancellation of sale deed executed by the complainant for which it is stated that he did not 3 receive the consideration. (4) Having considered submissions of learned counsel for the petitioner, and after going through the papers on record, this court is not inclined to interfere with the trial of the case. The factual plea of service of notice can be raised by the petitioner before the trial court. The other pleas raised before this court may also be taken by the petitioner before the trial court. It is not desirable on the part of this court to examine the factual disputes raised in its jurisdiction under section 482 of Cr.P.C. (5) In the above circumstances, without expressing any opinion as to final merits of the case, pending before the trial court, the petition under section 482 of Cr.P.C, is dismissed summarily. (Prafulla C. Pant, J.) Dt.06.06.2011 Nahid 4