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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the Petitioner has sought quashing of the proceedings of Criminal complaint case No. 569 of 2008, Harish Birmani v. Charan Pal Singh relating to offence punishable u/s 138 Negotiable Instruments Act, 1881, P.S. Kotwali, Jwalapur, District Haridwar.
Brief facts of the case are that the Petitioner issued a cheque No. 939381 dated 30.05.2008 for an amount of Rs. 1,50,000/-in favour of the complainant (Respondent No. 2) which on presentation was dishonoured by the bankers on the ground of insufficiency of funds. The trial court after accepting the affidavit u/s 200 Code of Criminal Procedure, and perusal of the notice and copy of the cheque summoned the accused (Petitioner) to face the trial in respect of the charge of offence punishable u/s 138 Negotiable Instruments Act, 1881, vide its order dated 01.11.2008. Aggrieved by said order the Petitioner filed criminal revision No. 201 of 2010, which was also dismissed on merits by the revisional court/VI Additional Sessions Judge, Haridwar, vide order dated 20.11.2010.
Having gone through the papers on record, and after considering the submissions of learned Counsel for the parties, this Court is not inclined to interfere with the trial of the case on the factual disputes raised before it.
Therefore, the petition u/s 482 of Code of Criminal Procedure, is dismissed summarily with the observation that the Petitioner may raise the plea of innocence and other defences before the trial court.