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2025 DAILYLAW 10069 (ALL)

RAJ KUMAR MAURYA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/2097/2025 · 2025-02-23

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25901 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 2097 of 2025 Applicant :- Raj Kumar Maurya And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramji Singh Patel,Sudheer Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ramji Singh Patel, learned counsel for the applicants, who are two in number as well as Sri J.B. Singh, learned AGA for the State/opposite party no.1. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No. 25123 of 2023 (State Vs. Raj Kumar Maurya and others), arising out of case crime no. 367 of 2022, under Sections 406, 417, 504, 506 IPC Police Station- Ali Nagar, District Chandauli, pending before the court of learned Judicial Magistrate, Chandauli. 3. Learned counsel for the applicants submits that the first information report stood lodged against the applicants under Sections 406, 417, 504 and 506 IPC being FIR no.0367 of 2022 lodged on 11.10.2022 alleges that the applicants while showing the certain plot of land to the opposite party no.2 took consideration but used the said money for other purposes and did not get the sale deed executed also. As per the first information report it is also argued that already with respect to dishonouring of cheque of Rs.2,25,000/-proceeding under Section 138 of the N.I. Act has been initiated in which summons hae been issued and the applicants have obtained bail. He further submits that the opposite party no.2 and the applicants herein have entered into a partnership though an agreement is there which is a part of case diary being a notarized agreement. 4. Learned counsel for the applicants further submits that the applicants are innocent and they have been falsely implicated in the case. He also submits that the parties have entered into compromise but the opposite party is resiling from the same. 5. Learned AGA on the other hand submits that from the perusal of the first information report, offences are made out. He further submits that as per the statement of the applicants they have entered into compromise but the said fact self shows that the offences have been committed. He also submits that factual questions cannot be gone into the present proceedings. 6. Having heard the learned counsel for the applicants as well as the learned AGA, I am of the opinion that whatever defences regarding the dishonouring of the cheque and thereafter entering into the settlement is concerned the same cannot be gone into particularly when there is nothing on record to substantiate the same and the same has not been filed before the court below. Apart from the same the offences were made out and this Court is not required to go into the factual aspects especially when there is no jurisdictional error committed. Thus, interference is declined and the application is consigned to record. 7. At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 8. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 24.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad