Vikarna Pratap Singh ( Wrongly Mentiones as Vikran Pratap Singh ) vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 1498 of 2025

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Vikarna Pratap Singh ( Wrongly Mentiones As Vikran Pratap Singh )

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.....Applicant(s)

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Versus

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State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Neeraj Singh Counsel for Opposite Party(s) : G.A., Rahul Singh Rana

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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The present application has been filed seeking quashing of the entire proceedings of Complaint Case No.18762 of 2023, Ram Kumar Singh Vs. Vikran Pratap Singh, under Section 138 of Negotiable instrument Act, 1881, Police Station Kotwali City, District Hardoi and the summoning order dated 13.10.2023 passed by the Chief Judicial Magistrate, Hardoi.

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Sri Parth Anand, learned counsel for the applicant submits that applicant was appointed as a Music Teacher/Supervisor in St. Laurance School by Father Lancy Rego in the year 2017. The music instruments were purchased by the management of the school and the said instruments were in the supervision of the applicant, therefore, Father Lancy Rego had taken five cheques from the applicant as security. On 15.01.2022, Father Lancy Rego put pressure upon the applicant to give Rs.2,00,000/-to him for continuing his job in the school and the applicant due to the pressure and under compulsion, transferred the amount of Rs.68,000/- in the bank account of Father Lancy Rego bearing A/C No.0363101029509 on different dates. Later on, Father Lancy Rego was transferred to St. James School, Hardoi and he started pressurising the applicant to do the work in St. James School, Hardoi also without any remuneration and on refusal, he started threatening the applicant to dismiss him from job and recovery of the salary received by him from the school.

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A482 No. 1498 of 2025

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2

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Learned counsel for the applicant further submits that no date, time as well as mode of payment of alleged money to the applicant by opposite party no.2 has been disclosed in the memo of complaint as well as in his statement recorded under Section 200 Cr.P.C. This fact itself belies the allegation that applicant had borrowed the amount of Rs.2,00,000/- from opposite party no.2. He also submits that neither the applicant knows opposite party no.2 nor he has ever met him, as such no question arises to the applicant to borrow the amount from opposite party no.2.

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Learned counsel for the applicant further submits that the trial court while issuing summons, has not applied its mind and the order appears to be cryptic and non-speaking as it has not discussed the facts as mentioned.

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On the other hand, Sri Rahul Singh Rana, learned counsel appearing for opposite party no.2 has submitted that Cheque No.120488 dated 22.06.2023 for Rs.2,00,000/- was given to opposite party no.2 by the applicant. The said cheque was presented before the Punjab National Bank, M.G. Road, Hardoi by opposite party no.2, but the same was returned with the endorsement that “payment stopped by drawer”. Thus, the cheque was dishonoured and thereafter a legal notice was sent to the applicant on 17.07.2023 and the present complaint has been filed on 16.08.2023. Thereafter, statement of the complainant has been recorded under Section 200 Cr.P.C. and after going through the record, statement of the complainant and the documentary evidence available on record, the trial court was satisfied and issued summons against the applicant, therefore, there is no illegality or infirmity in the same.

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I have heard learned counsel for the parties and perused the record.

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The argument raised by the counsel for the applicant that there is no date, time as well as place and mode of payment of alleged money to the applicant by opposite party no.2 has been disclosed in the memo of complaint, cannot be sustained for the reason that all these factual aspects can be looked into by the trial court. The trial court while issuing summons, applied its mind and after looking to the complaint, statement of the complainant recorded under Section 200 Cr.P.C. and the

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A482 No. 1498 of 2025

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3

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documentary evidence available on record issued summons against the applicant. The defence which the applicant has taken hear, is a factual aspect which can very well be looked into by the trial court and this Court under Section 482 Cr.P.C. can not record any finding on the factual aspects, for which certainly the evidence is to be adduced on record and this Court can not adduce evidence on record and cannot do mini trial.

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Application is devoid of merit. It s accordingly rejected.

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(Brij Raj Singh,J.)

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November 27, 2025

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Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Vikarna Pratap Singh ( Wrongly Mentiones as Vikran Pratap Singh ) v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

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Vikarna Pratap Singh ( Wrongly Mentiones as Vikran Pratap Singh ) v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

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