Neutral Citation No. - 2025:AHC:129816 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23189 of 2025 Applicant :- Sanjeev Kumar Jain @ Kallu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh 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 charge-sheet dated 30.12.2024 as well as cognizance / summoning order dated 19.04.2025 passed in Case No. 888/IX of 2025 (State of U.P. v. Sanjeev @ Kallu Jain & Anr.), arising out of Case Crime No. 799 of 2024, under Sections - 318(4), 316(2), 351(2), 352 of B.N.S., Police Station - Kotwali City, District- Banda, pending in the court of Chief Judicial Magistrate, District- Banda. 3. It has been submitted by learned counsel for the applicant that dispute between the parties is civil in nature relating to property and no prima-facie case is made out against applicant. It is further submitted that by impugned order applicant has been summoned for offences under Sections - 318(4), 316(2), 351(2), 352 of B.N.S., 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 19.04.2025 applicant has been summoned under Sections - 318(4), 316(2), 351(2), 352 of B.N.S. 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 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 is not in accordance with law. 5. In view of the aforesaid, the impugned summoning order dated 19.04.2025, passed by the Chief Judicial Magistrate, Banda 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 :- 1.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad