HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9672 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to stay the entire proceedings of the Case Crime No.708/2021 pending before the learned court of Chief Judicial Magistrate, Barabanki and the charge sheet dated 30.7.2022 filed in Case Crime No.708/2021, P.S. Kotwali, District Barabanki. 3. Learned counsel for the applicant submits that as per the prosecution case there was a financial transaction in between the private respondent as some cheques were given by the applicant to the private respondent but same were dishonored, thereafter, proceedings under Section 138 N.I. Act was initiated by the private respondent by filing a complaint before the competent court, which was registered as Case No.708 of 2021, which is pending since 28.10.2021. On the identical facts, F.I.R. of the case in question was also lodged, in which, charge sheet was submitted by the Investigating Officer and cognizance was taken by the learned court below. He further submits that trial for the offences under Section 406, 409 I.P.C. cannot run together, thereafter, discharge application was filed but same was rejected in the most mechanical manner, Versus Counsel for Applicant(s) : Mohit Sharma, Mohammad Saem Shiraz, Mukul Kumar Sharma Counsel for Opposite Party(s) : G.A. Pramod Kumar .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) therefore, indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant and submits that modus operandi of the crime is that a company was formed by the applicant for taking money from the public in the name of investment. He further submits that applicant facilitated the investors for investing money in the company and only in a strategical manner two cheques were provided to the private respondent, thereafter, those cheques were placed before the bank but same were dishonored. He also submits that investigation was started, statement of several persons were recorded under Section 161 Cr.P.C. but evidences collected by the Investigating Officer have not been annexed with the application. He further submits that charge sheet was filed by the Investigating Officer and prima facie offence is made out against the applicant, therefore, there is no illegality in the impugned order. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that several persons invested the money in the company of the applicant as applicant motivated them, when the money was not refunded, private respondent made pressure on the applicant, then for sake of satisfaction, two cheques were given to him, which were dishonored, then complaint under Section 138 of N.I. Act was filed and after detail investigation, charge sheet was submitted, therefore, there is no illegality in the order passed by the court below and present application is liable to be dismissed. 6. In view of the above the present application is misconceived and same is hereby dismissed. December 4, 2025 GauraV/- A482 No. 9672 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench