Neutral Citation No. - 2025:AHC:136317 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 20868 of 2025 Applicant :- Nirdosh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhijeet Verma,Ashutosh Singh,Satyam Singh,Shivam Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 15.11.2024 as well as cognizance / summoning order dated 15.04.2025, of Criminal Case No. 4141 of 2025 (State v. Nirdosh Kumar), arising out of Case Crime No. 283 of 2024, under Sections - 318(4), 316(2) BNS, Police Station - Indargarh, District - Kannauj, pending in the court of Judicial Magistrate, Kannauj. 3. It has been submitted by learned counsel for the applicant that dispute between the parties is civil in nature and no prima-facie case is made out against applicant. It is further submitted that by impugned order dated 15.04.2025 applicant has been summoned for offences under Sections - 318(4), 316(2) BNS 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, 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. 4. Perusal of record shows that by impugned order dated 15.04.2025 applicant has been summoned under Sections - 318(4), 316(2) BNS. The provisions of Section - 406 I.P.C. have been reincarnated in Section - 316 BNS. Similarly the provisions of Section - 420 I.P.C. have reincarnated in Section - 318(4) BNS. 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 and that they are antithetical to each other. Thus, it is clear that impugned summoning order dated 15.04.2025 is not in accordance with law. 5. In view of the aforesaid, the impugned summoning order dated 15.04.2025, passed by the Judicial Magistrate, Kannauj is hereby set aside and the matter is remitted back to the court concerned to pass the order on the point of summoning afresh, expeditiously in accordance with law. 6. The application u/s 528 BNSS is finally disposed of in above terms. Order Date :- 11.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad