Court No. - 74 Case :- APPLICATION U/S 482 No. - 36067 of 2024 Applicant :- Shashibhushan Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ashish Kumar, learned counsel for the applicant and Sri Jitendra Kumar, learned A.G.A. for the State. 2. This is an application under Section 482 CrPC preferred by the applicant for quashing the order dated 02.08.2024 passed by Special Judge SC/ST Act, Maharajganj in Criminal Revision No.64 of 2024 (Vijay Shankar Vishwakarma and others Vs. State of U.P. and another) under Section 143A of Negotiable Instrument Act, 1881, P.S. Nichlaul, District Maharajganj. 3. Learned counsel for the applicant submits that the proceedings purported to be under Section 138 of N.I. Act stood initiated by the applicant against O.P. No.2, thereafter summons were issued on 01.04.2022 and thereafter on 22.03.2024, an order came to be passed as per the provisions contained under Section 143A of the N.I. Act regarding deposit of 20% of Rs.2,00,000/- The said order was subject matter of challenge by way of Revision by O.P. No.2 and thereafter vide order dated 02.08.2024 passed by the Special Judge, SC/ST Act in Criminal Revision No.64 of 2024, Vijay Shankar Vishwakarma and others vs. State of U.P. and another), the order in question was set aside and the matter was remitted back. Learned counsel for the applicant submits that there was no illegality either in the summoning order or in the order dated 22.03.2024. He further submits that though a defence was sought to be taken by O.P. No.2 with regard to the allegation that on a fine day, when the applicant was present in the premises of the O.P. No.2, he stole two cheque leaflets; one signed and another unsigned, and thereafter wrote the figures in words and in numerical and utilized the same while framing a case against O.P. No.2. 4. Learned counsel for the applicant submits that the theory so sought to be propounded by O.P. No.2 with relation to lodging of the FIR being FIR No.0232 of 2022 under Sections 420, 504, 506 showing the fact that the offence which stood committed is nothing but an attempt just in order to wriggle out from the criminality as a final report stood submitted in the said proceedigs in favour of the applicant on 08.09.2023. Learned counsel for the applicant submits that the order impugned cannot be sustained. 5. Learned A.G.A on the other hand submits that be that as it may be, whatever might be the case of the applicant, but once the matter stands remitted/remanded back by virtue of the impugned order, then all questions would be left open to be raised by the parties and to be decided. 6. To such a submission, learned counsel for the applicant has no objection and according to him, post-remand, all the aspects be considered afresh. 7. Having heard learned counsel for the parties and after perusing the record, this Court is of the opinion that since the matter under challenge is an order of remand and the issues have to be thrashed out by the court below post-remand, thus all questions can be raised and this Court has no reason to disbelieve that in case, the same are raised, they would be decided strictly in accordance with the law of the land. 8. With the above observations, the application is disposed of. Order Date :- 19.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad