KRISHNA RAM YADAV v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
/10575/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183949 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183949 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10575 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard Ms. Shafaq Fatima holding brief of Sri Arshad Siddiqui, learned counsel for the applicant, learned AGA for the State-opposite party no.1 and perused the record.
2. The present application has been filed seeking quashing of the entire proceedings of Complaint Case No.27195 of 2022, Anil Kumar Vs. Krishnaram Yadav, under Section 138 of Negotiable Instruments Act, 1881 and the summoning order dated 07.11.2022 passed by the Civil Judge (JD)/A.C.J.M., Court No.38, Barabanki.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He further submits that applicant has also returned back Rs.2,00,000/- to opposite party no.2, but even then opposite party no.2 has instituted criminal complaint under Section 138 of Negotiable Instruments Act, 1881. No other ground has been pressed by the counsel for the applicant.
4. A bare perusal of the summoning order dated 07.11.2022 indicates that there was oral agreement between the applicant and opposite party no.2 for registration of plot. The complainant had given Rs.8,10,000/- to he applicant, but the sale deed was not executed in favour of the complainant. Opposite party no.2 had also issued Cheque Nos.000006 and 000007, HDFC Bank, Dewa Road Branch, Lucknow dated 12.05.2022 Versus Counsel for Applicant(s) : Arshad Siddiqui, Devanshu Pratap Singh Counsel for Opposite Party(s) : G.A. Krishna Ram Yadav .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Lko. And Another .....Opposite Party(s)
pertaining to Rs.3,00,00/- each (total Rs.6, 00,000/-). The said cheques were presented by opposite party no.2 in the Bank, which were returned back with the endorsement “insufficient funds” The complainant had given a registered legal notice to the applicant on 17.08.2022 and thereafter the complaint was filed. After recording the statement under Section 200 Cr.P.C. and after going through the evidence available on record, summons have been issued against the applicant. There is no illegality or infirmity in it.
5. Application is devoid of merit. It is accordingly rejected. December 15, 2025 Rao/- A482 No. 10575 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench