RUDRA PRAKASH TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicants Rudra Prakash Tiwari @ Raju Tiwari and Ashish Tiwari against State of U.P. and Sushil Kumar @ S.K. Singh with prayer to quash summoning order dated 19.01.2019 as well as entire proceedings of Complaint Case No. 1123 of 2018, Sushil Kumar @ S.K. Singh Vs. Rudra Prakash Tiwari @ Raju Tiwari and others, under Sections 420, 504, 506 I.P.C., P.S. Barra, district Kanpur Nagar, pending in court of Special C.J.M., Kanpur Nagar.

(3.) Learned counsel for the applicants argued that for the same sequence of occurrence, wherein a cheque was given and the same was dishonoured, a complaint u/s 138 of N.I. Act had been filed and therein applicant no. 1 is on bail. Subsequently, for the same set of circumstances this complaint has been filed. Even though the offence punishable u/s 420 I.P.C. is not made out, but for which there is summoning. In Complaint Case u/s 138 of N.I. Act only son was implicated, whereas in subsequent case father was also implicated. There was some dispute in regard to commission for which cheque was given and the cheque was dishonoured, hence the subsequent case i.e. the present case, is an abuse of process of law. Hence this application with above prayer.