Neutral Citation No. - 2025:AHC:101618 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.41) Court No. - 78 Case :- APPLICATION U/S 482 No. - 37498 of 2024 Applicant :- Manish Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Vipin Kumar Yadav, learned counsel for the applicants and Sri Shashikant Rai, learned AGA appearing for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 13.06.2024 and the entire proceeding of Complaint Case No.90 of 2023 (Ashish Kumar vs. Manish Kumar and others) under Sections 323, 504, 506 IPC, P.S. Basrehar, District Etawah, pending in the court ofAdditional Chief Judicial Magistrate, Court No.1, District Etawah. 3. Learned counsel for the applicants submits that there was a financial dispute between the applicants and the opposite party no.2. In connection thereof, a complaint case under Section 138 of the Negotiable Instruments Act was filed by the father of the of opposite party no.2 against the applicant no.3. The allegation in the instant complaint case is that the applicants herein armed with country made pistol and Lathis assaulted the opposite party no.2 on 01.05.2023. Learned counsel for the applicants further submits that the aforesaid matter was enquired by the police on the complaint made by the opposite party no.2 and it was found that no such incident as alleged has taken place on 01.05.2023. Relying upon the aforesaid report, learned counsel for the applicants submits that the aforesaid complaint case is nothing but a false and fabricated complaint lodged by the opposite party no.2 due to a financial dispute between the parties to create pressure to extract money from the applicants herein. Therefore, he seeks quashing of the entire proceeding of the complaint case as well as the summoning order against the applicants herein. 4. Per contra, learned AGA submits that the opposite party no.2 has sustained five injuries in the incident. The injury report is available on record. Specific allegations have been made and the cause and motive have also been assigned to the applicants for causing the said incident. From the allegations as made in the complaint coupled with the injury report as well as the statement of the witnesses, it cannot be said that no such incident as alleged has taken place. Therefore, on the basis of the material available on record, a prima facie case is made out against the applicants herein. Thus the proceeding of the instant case cannot be quashed. In support of his submission, learned AGA has relied upon the judgment of Apex Court in R. P. Kapoor Vs. State of Punjab, AIR 1960 S.C. 866; State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others : 2021 SCC OnLine SC 315. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that the complaint case under Section 138 of the Negotiable Instruments Act was filed by the father of opposite party no.2 against the applicants for dishonour of the cheque issued by the applicant no.3. After filing of the complaint case, the incident allegedly has taken place, in which the opposite party no.2 has sustained injuries. Specific allegations have been made with regard to the role of the applicants herein, which has also been supported by the statement of the witnesses under Sections 200 and 202 Cr.P.C. 6. In the facts and circumstances of the case, this Court is of the view that the learned Magistrate has rightly taken cognizance, therefore, no interference is required in exercise of power under Section 482 Cr.P.C. and the instant application is devoid of merits and is accordingly dismissed in the light of the aforesaid judgments of the Apex Court. Order Date :- 1.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad