Neutral Citation No. - 2025:AHC:135446 .IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.3) Court No. - 78 Case :- APPLICATION U/S 482 No. - 40913 of 2024 Applicant :- Prince Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Shashi Dhar Sahai Hon'ble Anish Kumar Gupta,J. 1. Sri Vivek Kumar Singh, learned counsel for the applicant is present. None is present for the opposite party no.2. 2. In response to the the order dated 11.07.2025, Sri Shashidhar Sahai, learned counsel for the Union Bank of India, Itauri Bazar, Jaunpur has appeared and submitted all the relevant documents on the basis of which the loan for tractor was advanced in the name of applicant herein as well as opposite party no.2 and one Awadh Narayan Singh. It was a joint application and all the parties have signed and put their thumb impression. The documents were categorically read over to the opposite party no.2 as well while obtaining the thumb impression on the document. It is stated by learned counsel for the applicant that the applicant as well as the opposite party no.2 and one Awadh Narayan Singh, who have also jointly applied for loan of tractor, are the family members. 3. From the documents as produced by learned counsel for the bank, it is apparent that the opposite party no.2 was a blind person by birth. Taking the benefit of the same, applicant and opposite party no.2 and one Awadh Narayan Singh jointly applied for a loan from Union Bank of India, Itauri Bazar, Jaunpur for purchasing a tractor jointly and all the three persons mortgaged their agricultural land while taking loan. The loan was disbursed in the joint name by the bank and a recovery notice was issued by the bank. Thereafter a complaint case was lodged by the opposite party no. 2 against the applicant alleging that the applicant has taken the opposite party no.2 to the bank by misleading him that he will get the pension from the government in the bank account, which is required to be opened in the Union Bank of India and by such misleading, he has obtained the loan by mortgaging the property of the opposite party no.2 for the tractor, which was utilized by him. The aforesaid allegation is duly supported by the statement recorded under Sections 200 and 202 Cr.P.C. 4. Thus from the allegations, a prima facie case of cheating is made out against the applicant herein whereby taking the benefit of the blindness of opposite party no.2, the applicant herein by misleading, obtained the loan for his own benefit. 5. Therefore, in the considered opinion of this Court, a prima facie case is made out against the applicant and this Court does not find any good reason to interfere with with the proceeding initiated against the applicant herein as well as the summoning order issued against the applicant. 6. The instant application is accordingly, dismissed. Order Date :- 8.8.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad