ARVIND SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pusp Raj Singh, learned counsel for the applicants at length and Sri A.P. Tripathi, the learned A.G.A, who appears for the State/ O.P. no.1.

(2.) This is an application under Sec. 482 of Criminal Procedure Code, 1973 (hereinafter referred to as 'CrPC') preferred by the applicants, who are 3 in number, for quashing the summoning order dtd. 22/4/2022 passed by learned Civil Judge (J.D.) /F.T.C., Banda, Under Sec. 120-B, 420, 467, 468 and 471 I.P.C., as well as entire criminal proceedings of the complaint case no. 102//2021 (Ashish Kumar Gupta Vs. Arvind Singh and others), Police Station- Kotwali Nagar, District Banda, pending Judge before learned Civil (J.D.) /F.T.C., Banda.

(3.) Learned counsel for the applicant has drawn the attention of this Court towards the fact that in the year 2017, the applicants themselves have lodged proceedings purported to be under Sec. 138 of N.I. Act against O.P. no.2 on 13/12/2017, in which on 29/1/2018 summons were sought to be issued. However, as a counterblast, now, O.P. no.2 has filed a complaint case against the applicants that too on 21/1/2019 with an allegation that the complainant had gone for some work and thereafter his wallet was missing and in the said wallet certain amount and cheque was also there, which even in fact was sought to be illegally used as the money, which was already there was distributed amount between applicants and others and so far as cheque is concerned, certain names and amount was sought to be incorporated in the cheque and same was used for offering the said money to a third person. Learned counsel for the applicant has thus argued that he has been falsely implicated in the case and the entire attempt of the complainant side just in order to rope in the applicants so as to compel the applicants to withdraw the proceeding.