HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35091 of 2025 Court No. - 81 HON'BLE MADAN PAL SINGH, J. 1. Case called out in the revised call. None has appeared on behalf of the opposite party no. 2 to press the present application. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 3. This application has been filed by the applicant for quashing charge- sheet dated 13.01.2024 and cognizance/summoning order dated 21.06.2024 as well as entire proceeding of Case 17845 of 2024 (State Vs. Akash Nagar & Ors.) arising out of Case Crime No. 232 of 2023, under Sections- 420v and 406 of IPC, Police Station, Civil Lines, District- Moradabad, pending in the Court of Additional Judge Small Causes Court, Moradabad. 4. It has been submitted by learned counsel for the applicant that applicant is innocent and no prima-facie case is made out against him. It was further submitted that by impugned order, the applicant summoned for offence under Sections 420 & 406 IPC and as per law laid down in case of Delhi Race Club (1940) Ltd. and Others Vs. State of Uttar Pradesh and Another 2024 SCC Online SC 2248, the offence of cheating viz-a-viz criminal breach of trust are independent and distinct and both cannot exist simultaneously and on this account alone the impugned summoning order is liable to be set aside. 5. Perusal of record shows that by impugned order, the applicant has been summoned under Sections 420 & 406 I.P.C. as stated above, in case of Delhi Race Club (supra), it has been held by the Hon'ble Apex Court that the offence of cheating viz-a-viz criminal breach of trust are independent and distinct and thus, the same cannot exist simultaneously in same set of facts Versus Counsel for Applicant(s) : Akash Dwivedi Counsel for Opposite Party(s) : G.A., Jai Singh Yadav Akash Nagar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and that they are antithetical to each other. Thus, it is clear that impugned order is not in accordance with law. 6. In view of the aforesaid, impugned order dated 21.06.2024 passed by the Additional Judge Small Causes Court, Moradabad is hereby set aside and the matter is remitted back to the court concerned to pass an order on the point of summoning afresh, expeditiously in accordance with law. 7. The instant application is disposed of in above terms. September 11, 2026 Akbar NA528 No. 35091 of 2025 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad