C-482 No. 287 of 2010 With Stay App. No. 295/10 Exemption App. 296/10 Hon. Prafulla C. Pant, J. Mr. Mohd. Matloob, Advocate and Mr. C.K. Sharma, Advocate present for the petitioner. Heard. 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 Complaint Case No. 2387 of 2009, Laxmi Kant Bamola Vs. Mahima Dewan, relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881, pending in the court of Addl. Chief Judicial Magistrate II, Dehradun. Perusal of the petition shows that factual disputes have been raised in the petition, which cannot be determined by this Court, in its jurisdiction under Section 482 of Cr.P.C. It is for the trial court to appreciate such facts after recording evidence of the parties. Having considered submissions of learned counsel for the petitioner and after going through the papers on record, this Court is of the view that it is not a fit case to interfere with the trial. Therefore, without expressing any opinion as to the final merits of the case, the petition under Section 482 of Cr.P.C. is dismissed summarily leaving it open to the petitioner to raise the points mentioned in the petition before the trial court. (Both Stay Application No. 295 of 2010 as well as Exemption Application No. 296 of 2010 stand disposed of). (Prafulla C. Pant, J.) 17.04.2010 HN