HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 5579 of 2020 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 9128 of 2016 (Devesh Gupta Versus Sri Babu Sharma) under Sections 420, 504, 506 I.P.C., Police Station- Civil Lines, District- Aligarh, pending before the learned Judicial Magistrate, Court No. 2, Aligarh including the cognizance order dated 21.02.2018 and order 20.11.2019 whereby learned Additional District and Session Judge Court No. 12, Aligarh rejected the Criminal Revision No. 169 of 2018 filed against the cognizance order dated 21.02.2018. 3. It is alleged in the first information report that applicant with malicious intention to cheat the opposite party no. 2 handed over cheque without mentioning the account number and when, opposite party no. 2 demanded money, the applicant threatened the opposite party no. 2 by using filthy and abusive language. Thereafter, opposite party no. 2 moved an application under Section 156(3) Cr.P.C., the same was treated as complaint by learned Magistrate and statements of witnesses were recorded under Sections 200 & 202 Cr.P.C., thereafter, Trial Court summoned the accused persons by order dated 21.02.2018. Applicant challenged the summoning order date 21.02.2018 by filing revision. Revsional Court vide order dated 20.11.2019 rejected the revision of the applicant, thereafter, applicant filed the present 482 Cr.P.C. application by challenging the orders dated 20.11.2019 as well as 21.02.2018 on the ground that on perusal of contents of complaint as well Versus Counsel for Applicant(s) : Abhishek Mishra Counsel for Opposite Party(s) : Ashutosh, Dharmendra Kumar Rajput, G.A. Sri Babu Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) as statements of the witnesses recorded under Sections 200 & 202 Cr.P.C., no offence under alleged sections is made out. He next argued before this Court that if matter is referred to Mediation & Conciliation Centre both the parties can amicably settle their dispute. This Court vide order dated 17.02.2020 referred the matter to Mediation & Conciliation Centre. As per the Mediation & Conciliation Centre Report dated 10.11.2021, 'Parties appeared and mediation completed but there is no agreement.' 4. Learned counsel for the applicant argued the case on merits and submitted that on perusal of complaint case and statements of the witnesses recorded under Sections 200 & 202 Cr.P.C., no offence under Sections 420, 504 & 506 IPC is made out. Statements of witnesses and contents of complaint case do not disclose ingredients of cheating. Hence, the proceedings pending against the applicant be quashed. 5. Per contra, learned A.G.A. opposed the submissions raised by applicant's counsel and submits that submissions raised by learned counsel for the applicant are disputed questions of fact, which cannot be adjudicated at this stage by this Court in exercise of power under Section 482 Cr.P.C. 6. Considered the submissions raised by learned counsel for the parties and perused the entire record. From the record, it is apparent that applicant handed over cheque to opposite party no. 2 without mentioning account number with intention to cheat and when, opposite party no. 2 demanded for money, the applicant threatened opposite party no. 2 by using filthy & abusive language. Statements of P.W.1 and P.W.2 recorded under Sections 200 & 202 Cr.P.C., prima facie, disclose offence against the applicant. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that the impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court. The power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that A482 No. 5579 of 2020 2 there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 7. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity. 8. The present 482 Cr.P.C. application of applicant- Sri Babu Sharma, is hereby dismissed with the aforesaid observation. 9. However, if the applicant surrenders before the concerned court within three weeks from today and applies for bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 10. For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him. September 4, 2025 Aditya A482 No. 5579 of 2020 3 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad