JAI SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/9758/2025 · 2025-11-18
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176050 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176050 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9758 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. who appears on behalf of the State/Respondents. 2. This application has been filed with following main prayer:-
"WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the impugned criminal complaint dated 05.07.2023 and summoning order dated 24.04.2024, passed by learned Additional Judge, N.I. Act-9, Lucknow in Criminal Complaint No. 72632 of 2023 In Re:-
"Sarita Singh Versus M/s. Kanwhizz Industries Limited and others", under Section - 141 read with section 138 Negotiable Instrument Act, Police Station - Jankipuram, District -Lucknow, pending in the court of learned Additional Judge, N.I. Act-9, Lucknow and further proceedings of the case in pursuance thereof and may further kindly be pleased to direct that the applicant shall not be compelled to stand trial, in the ends of justice."
3. It has been submitted by the learned counsel for the applicant that neither the alleged money has been deposited by opposite party no.2 in the bank account of the applicant nor he has issued any cheque. He further submits that the applicant has been falsely implicated in the present case. Learned counsel for the applicant has invited attention of the Court towards the complaint and has submitted that after a bare perusal of the complaint, no offence is made out. 4. On the other hand, learned AGA has pointed out that the statement under Versus Counsel for Applicant(s) : Amit Pandey, Bisunbablu Mishra Counsel for Opposite Party(s) : G.A. Jai Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Section 200 Cr.P.C. has been recorded of the complainant and she has made specific allegation against the applicant as well as other accused. He further submits that this Court cannot see the veracity of the evidence and the trial cannot be done here for which necessarily the trial court is the competent forum. 5. After going through the record, I do not find any illegality in the summon issued by the court below. The cheque has been dishonoured which was submitted before the bank and the same was returned on 1.5.2023 as the account was closed.
The legal notice was also given on 25.5.2023 and the statement under Section 200 has been recorded of the complainant. This Court cannot do trial. The matter is to be looked into by the trial court itself by adducing the evidence on record. 6. The application is devoid of merits. It is accordingly dismissed. November 18, 2025 Sachin A482 No. 9758 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench