Neutral Citation No. - 2025:AHC:115225 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.11) Court No. - 78 Case :- APPLICATION U/S 482 No. - 39972 of 2024 Applicant :- Ajay Kumar Singla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinava Krishna Srivastava,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Ms. Priyanka Sharma, Advocate holding brief of Shri Abhinava Krishna Srivastava, learned counsel for the applicants and Sri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been filed by the applicants seeking quashing of the entire criminal proceeding of Case No.82 of 2024, under Sections 420, 467, 468, 471 and 120B I.P.C., P.S. Modinagar, District Ghaziabad. 3. Learned counsel for the applicants submits that there was commercial relationship between the opposite party no.2 and the applicants. Pursuant to the said relationship, some cheques were issued by the opposite party no.2 which were not honoured in view thereof a complaint case under Section 138 of Negotiable of Instruments Act, 1881 was lodged by the applicant against the opposite party no.2. In the said proceedings, a document namely the confirmation of accounts which allegedly contains the signatures of opposite party no.2, was relied upon by the applicants. Relying upon the aforesaid document, the process was issued in the said complaint case against the opposite party no.2. After coming to the knowledge of the said document i.e. confirmation of accounts and realising that the same was not signed by him and it is a forged documents, he filed instant complaint case against the applicants for fabrication and utilization of the forged document in the courts proceedings by the applicants. In which the applicants were summoned vide order dated 15.2.2024. Against which the instant application has been filed by the applicants seeking quashing of the said summoning order. 4. Learned counsel for the applicants submits that the said document i.e. the confirmation of accounts was duly signed by the opposite party no.2, therefore, the same has been duly relied upon by the trial court in proceeding under Section 138 of Negotiable of Instruments Act, therefore, the instant complaint case has been lodged by the opposite party no.2 as a counter-blast to the said complaint lodged by the applicant against the opposite party no.2 to create a defence in the said case. Therefore, learned counsel for the applicants seeks quashing of the entire proceeding of the instant case against the applicants. 5. Per contra, learned A.G.A. submits that the document in question i.e. the confirmation of accounts came to the knowledge of opposite party no.2 only when the process was issued against him in the proceeding under Section 138 of Negotiable of Instruments Act and when he realized that it is a forged and fabricated document, he filed the instant complaint case against the opposite party no.2, therefore, it cannot be said that it is a counter- blast case on the part of the opposite party no.2 as he came to know about the said document only after the process was issued in the proceeding under Section 138 of Negotiable Instruments Act against him. In view thereof, no interference is called for in the instant case. 6. Having heard the rival submissions made by learned counsel for the parties. Perused the record. 7. From the record of the case, it is apparent that there is commercial relationship between the applicants and opposite party no.2. Pursuant to which it is alleged by the applicants that some cheques were issued by the opposite party no.2 which were not honoured and a complaint case under Section 138 of Negotiable of Instruments Act was filed against the opposite party no.2 relying upon the document i.e. confirmation of accounts, which is alleged by the applicants that the same was signed by the opposite party no.2. The opposite party no.2 came to the knowledge of the said document, when the process was issued in the said proceeding under Section 138 of Negotiable of Instruments Act and realizing that the said document is forged and fabricated document the instant complaint case has been lodged by him. In view thereof, this Court do not find any illegality in lodging the instant complaint on the part of the opposite party no.2 after he came to know about the document used by the applicants. From the perusal of the complaint as well as the statements of witnesses under Section 200 and 202 Cr.P.C., a prima facie case is made out against the applicants. Learned trial court having satisfied that prima facie case has been made out against the applicants, has summoned the applicants vide impugned order dated 15.2.2024, therefore, this Court do not find any illegality in the said summoning order and accordingly do not find any merits in the instant case. 8. The instant application U/s 482 Cr.P.C. is dismissed, accordingly. Order Date :- 16.7.2025 Kpy (Anish Kumar Gupta, J.) Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad