HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12486 of 2023 Court No. - 89 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for the petitioner and Sri Amrit Raj, learned AGA for the State are present. 2. Learned counsel for the petitioner has prayed for a direction to set aside the order dated 12.10.2023 passed by Sessions Judge, Basti in Criminal Revision No. 182 of 2022 (Sudhir Kumar Chaudhary Vs. State of U.P. and Another) as well as the order dated 09.11.2022 passed by Civil Judge (Senior Division) Fast Track, Basti passed in Criminal Misc. Application No.24835 of 2021 (Sudhir Kumar Chaudhary Vs. Jitendra Jaiswal alias Bablu) under section 156(3) Cr.P.C. 3. Learned counsel for the petitioner submitted that the petitioner came into contact with the respondent prior to the incident. The respondent represented that his father owned a rice mill and that its business operations were being managed by him. It is further submitted that the respondent informed the petitioner that the financial condition of the said mill was not sound and sought financial assistance. Relying upon such representations and reposing trust in the respondent, the petitioner transferred a sum of Rs. 61,75,000/- to the bank account of the rice mill. It is further submitted that the respondent assured the petitioner that he would be given half share in the profits of the business. However, neither the principal amount nor any share in the profits was ever returned to the petitioner. Aggrieved, the petitioner moved an application under Section 156(3) Cr.P.C. before the learned Civil Judge (Senior Division), F.T.C., Basti, which was dismissed vide order dated 09.11.2022 on the ground that the dispute between the parties appeared to be of a civil nature. 4. Challenging the said order, the petitioner preferred Criminal Revision No. Versus Counsel for Petitioner(s) : Satyendra Narayan Singh, Shiv Ram Dubey Counsel for Respondent(s) : C.S.C. Sudhir Kumar Chaudhary .....Petitioner(s) State of U.P. and Another .....Respondent(s) 182 of 2022 (Sudhir Kumar Chaudhary vs. State of U.P. and Another), which was also dismissed, affirming the findings recorded by the trial court. Learned counsel submits that the entire amount was transferred through banking channels and the relevant documents were placed on record along with the application under Section 156(3) Cr.P.C., thereby establishing the payment. It is further submitted that the petitioner was deceived by the respondent, who falsely represented that the rice mill belonged to his father, whereas it was later discovered that neither the respondent nor his father had any ownership over the said mill. It is contended that the conduct of the respondent clearly indicates a dishonest intention to cheat the petitioner from the very inception, and therefore, the matter involves criminality and cannot be treated as a mere civil dispute. It is thus argued that both the courts below have erred in treating the dispute as purely civil in nature. 5. Heard learned counsel for the parties and perused the record. It is pertinent to note that the application under Section 156(3) Cr.P.C. was filed after a delay of about ten years from the alleged incident. Although, if the allegations are taken at their face value, the bar of limitation under criminal law may not strictly apply, such inordinate delay is a relevant factor while considering the credibility of the allegations. Further, a bald criminal complaint, unsupported by any substantive material to corroborate the allegations, cannot be entertained as a matter of course. From the averments made, it prima facie appears that the dispute between the parties arose when the respondent allegedly failed to share the profits of the rice mill business. Such a dispute, relating to sharing of profits arising out of a business arrangement, does not by itself constitute a criminal offence. Accordingly, the reasoning recorded by both the courts below does not suffer from any illegality or infirmity and is hereby upheld. 6. The petition is, accordingly, dismissed. April 23, 2026 Ujjawal A227 No. 12486 of 2023 2 (Anil Kumar-X,J.) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad