HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8304 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant, learned A.G.A for the State as also perused the record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned order dated 13.05.2025 passed by learned Special Judge SC/ST (Prevention of Atrocities) Act, Etah in Complaint Case No.62 of 2022, under Sections 406, 182, 504, 506, 467, 468, 471, 465, 385 and 311 IPC and Section 3(5) SC/ST Act, Police Station Kotwali Nagar, Distict Etah. 3. Learned counsel for the appellant states that the appellant has moved a complaint against the opposite party nos.2 and 3 alleging therein that his empty cheque books was misplaced, thereafter, the opposite party nos.2 and 3 produced two cheques amounting to Rs.14 lac and 15 lacs before HDFC Bank for clearance on 06.12.2017, thereafter, the opposite party no.2 has send the notice but the said notice was never served upon the appellant. He further submits that the court below without calling for any police report from the concerned police station and without examining all the documents and statements, rejected the complaint case in a routine manner ignoring the fact that opposite party no.2 is a cheater and habitual in filing such type of complaint case as he has also filed 10 different 138 N.I. Act complaint case against different persons. He further submits that the court below without any good reason and wrong facts has rejected the complaint of the appellant without calling for any police report from the concerned police station, hence, the same is liable to be set aside. Versus Counsel for Appellant(s) : Shishir Kumar Tiwari Counsel for Respondent(s) : G.A. Jitendra Kumar .....Appellant(s) State Of U.P. And 2 Others .....Respondent(s) 4. Perusal of the impugned order, it clearly shows that complainant informed about the loss of his bag on 23.05.2017, after more than 3 months, at the police station on 31.08.2017 without explaining the delay of three months and as per the facts made in the complaint and statements, when the cheque issued by the complainant was dishonoured between two parties, the opposite party no.2 filed a suit under section 138 of the NI Act. Court further observed that a criminal case is already pending between two parties, therefore, the court below found that the complainant has filed the present instant complaint case by misusing the judicial process on the basis of false facts, hence, the court below dismissed the said complaint. 5. I have heard the learned counsel for the parties and perused the impugned order passed by the court below. I find that the court below has rightly rejected the complaint filed by the appellant. There is no irregularity, illegality or jurisdictional error in the order impugned. The appeal lacks merit and is, accordingly, dismissed. September 16, 2025 Ajeet CRLA No. 8304 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad