Neutral Citation No. - 2025:AHC-LKO:2614 Court No. - 16 Case :- APPLICATION U/S 482 No. - 320 of 2025 Applicant :- Rafiq Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another Counsel for Applicant :- Vimal Kishor Singh,Ashutosh Pandey,Premkant Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Hear learned counsel for the petitioner as well as learned AGA for the State. Learned counsel for the petitioner submits that the compliant has been lodged by opposite party no. 2 only to harass and make extortion. Earlier an FIR under Section 406/420 IPC was lodged by the same complainant i.e. opposite party no. 2 in the petition against the petitioner and now this complaint under Section 138 of N.I. Act has been filed which is impugned in this petition. It has been further submitted that the petitioner has disputed the facts stated in the complaint. Perused the record. A perusal of the record shows that the complaint has been filed under Section 138 of N.I. Act whereas, the FIR was lodged under Section 406/420/504/506 IPC against the petitioner. The petitioner has approached this Court against the FIR by filing a writ petition which was disposed of directing the petitioner to comply with the notice issued by the investigating officer under Section 41A of Cr.P.C. The order of writ Court has not been annexed with this petition. The disputed question of facts which the petitioner wants to agitate before this Court cannot be adjudicated before this Court while exercising jurisdiction under Section 482 Cr.P.C. Prima facie commission of cognizable offence is made out. It is not the case where extraordinary jurisdiction under Section 482 Cr.P.C. can be exercised. The petition is devoid of merits and is accordingly dismissed. Order Date :- 16.1.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench