HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1579 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the material on record. 2. The present revision has been filed against the order dated 12.03.2024 passed by Special Chief Judicial Magistrate, Prayagraj by the said order, the discharge application of the revisionist has been dismissed, finding that a prima case is made out against the revisionist. 3. Learned counsel for the revisionist has submitted that the opposite party no. 2 moved the said complaint before the court of Chief Judicial Magistrate, Prayagraj in respect of dishonour of his cheque bearing nos. 764008 to 764016 aggregating to Rs. 72,54,300/-. Learned counsel for the revisionist has further submitted that the said cheques were not only stolen, but looted by the opposite party no. 2 and on the said incident the revisionist lodged an FIR, bearing Case Crime No. 0267 of 2022, under Sections 504, 506 and 392 of IPC. However, the police submitted a final report in respect of the said Case Crime No. 0267 of 2022. Thereafter, the revisionist moved a Protest Petition and in respect of the said Protest Petition, a compliant was registered on Final Report No. 173 of 2023, which is pending before the court of Additional Chief Judicial Magistrate, Court No. 10, Prayagraj and the said final report has been treated as a complaint. Learned counsel has also relied upon the judgment of this Court passed in Application U/s. 482 No. 7631 of 2008 (Bobby Anand @ Yogesh Anand Vs. State of U.P.) decided on 17.05.2023 in that case the facts are not relevant, as the said judgment has led to the finality. Versus Counsel for Revisionist(s) : Raj Kumar Kesari Counsel for Opposite Party(s) : G.A., Sanjay Kr. Srivastava, Vivek Kumar Singh Amit Kumar Singh .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 4. On the other hand, learned counsel for the opposite party no. 2 states that the said incident of stealing the cheques and looting is false and baseless and for that reason, the final report was submitted by the police. Learned counsel for the opposite party no. 2 has further submitted that even if, the said final report has been treated as a complaint, by itself has not been finalized and no finding to that effect has been arrived by the learned Additional Chief Judicial Magistrate, Court No. 10, Prayagraj, that the incident of looting has taken place, the trial is yet to commence, and no order can be passed merely on the basis of presumptions and assumptions. Learned counsel for the opposite party no. 2 has lastly submitted that the trial is at an advance stage, therefore, it is directed that both of the complaints i.e. Complaint No. 1115 of 2022 filed under Section 138 N.I. Act and another complaint filed as a consequence of Final Report No. 173 of 2023, (Amit Kumar Singh Vs. Abhinav Pratap Singh) be tried at one and the same time and be combined together. 5. Having regard to the rival submissions made by the learned counsel for the parties, since a complaint filed under Section 138 of Negotiable Instrument Act, bearing no. 1115 of 2022 (Sanjeev Kumar Singh Vs. Amit Kumar Singh) is pending for trial, wherein charge has been framed. At the same time, a complaint between Amit Kumar Singh Vs. Abhinav Pratap Singh, is also pending related to the incident of stolen cheque on behalf of the revisionist herein. Since the matter involves mixed question of facts and law, the said question of mixed facts and law cannot be agitated in the revision and the scope of the revision is very limited. 6. Under the circumstances, it is directed that both of the complaints i.e. Complaint No. 1115 of 2022 filed under Section 138 N.I. Act and another complaint filed as a consequence of Final Report No. 173 of 2023, (Amit Kumar Singh Vs. Abhinav Pratap Singh) be tried at one and the same time and be combined together. 7. With the aforesaid direction the revision stands disposed of. September 10, 2025 Vikram CRLR No. 1579 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad