IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C- 482 No. 274 of 2004 M/s Sri Devki Steel Pvt. Ltd. & Ors. …….Applicants. Versus Executive Engineer & another …….Opposite Parties. Mr. Sudhir Kumar, learned counsel for the applicants. Mr. S.S. Adhikari, learned A.G.A. is present for the State/respondent no. 2. 16th September, 2008 Hon’ble P.C. Verma, J. By means of this application filed under Section 482 of the Cr.P.C., applicants have prayed for quashing the complaint and proceedings in Criminal Case No. 1440 of 2000 Executive Engineer Vs. M/s Devki Steel Limited and others. 2. Perused the order-dated 25.3.1998 passed by Judicial Magistrate, Kotdwar wherein, a finding has been recorded that prima facie offence is made out against the applicants under Section 138 of the Negotiable Instruments Act. Thereafter, petitioners filed objection before the Chief Judicial Magistrate Kotdwar against the summoning order, but the were rejected vide order dated 19.2.2002 passed by the Magistrate. Thereafter, a revision was preferred by M/s Devki Steel / applicant before the Sessions Judge, Pauri Garhwal. It was registered as Criminal Revision No. 10 of 2002 M/s Devki Steel Ltd. and others Vs. Executive Engineer. The revision was also dismissed on 26th February, 2004 by recording a finding that the liabilities and duties of the directors / opposite party no. 2 and 6 of the company is a matter of evidence 2 and the revision has no force. The finding of the C.J.M. is based upon the statements taken under Section 202 of Cr.P.C. and any other relevant documents available on record. Therefore, the proceeding in Criminal Case No. 1440 of 2000 Executive Engineer Vs. M/s Devki Steel Limited and others cannot be said to be abuse of process of law. 3. However, it is provided that if the applicants move a bail application before the Magistrate concerned within a period of two days from the date of production of the certified copy of this order, the same shall be decided within a period of 15 days thereafter. Till the decision of the bail application, the applicants shall not be arrested. 4. This application filed under Section 482 of the Cr.P.C. is disposed of finally. (P.C. Verma, J.) 16.9.2008 Rathour