Neutral Citation No. - 2025:AHC-LKO:4393 Court No. - 16 Case :- APPLICATION U/S 482 No. - 579 of 2025 Applicant :- Manoj Bhargav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Swati Singh Rajawat,Aadarsh Mishra,Purnima Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent. Learned counsel for the applicant submits that applicant is the real brother of Jitendra Bhargava. It is submitted that applicant has neither issued any cheque to the complainant nor has taken any amount from the complainant. In the statement under Section 200 Cr.P.C. as well as in the complaint, the allegation is on Jitendra Bhargava however, while summoning the order has been issued to the applicant who has nothing to do in this case which is evident from perusal of the complaint, legal notice, copy of the cheque as well as the statement of the complainant under Section 200 Cr.P.C. The impugned order has been passed without application of mind. Perused the record. A perusal of the record shows that in the complaint, cheque in question and legal notice everywhere the allegation is on Jitendra Bhargava which is evident from the perusal of the copy of the cheque which is on record. It appears that due to oversight the impugned order dated 26.06.2023 has been passed. In view of the, let the matter be remanded back to the learned trial court with direction to the learned trial court to pass a fresh order within a period of one month from the date of receipt of certified copy of this order. The impugned order dated 26.06.2023 is set aside. With aforesaid directions, the application stands disposed of. Office is directed to send a copy of this order to the learned trial court forthwith. Order Date :- 23.1.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench