Disposed

Vijay Prakash Dubey and Another v. State of U.P. Represented Thru. Prin. Secy. Home Lko and Another

Allahabad HC4 Apr 2025A482/2161/2025

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking quashing of FIR proceedings under Sections 406, 420 and 506 IPC arising from bounced cheques. Court issued notice to respondent no. 2, listed the matter for May 2025 and stayed the proceedings until then.

What did the court decide?

Interim stay of proceedings in case no. 24811/2021 till next date of listing; notice issued to respondent no. 2.

Vijay Prakash Dubey and Another vs State of U.P… — Cheque Dishonour | Allahabad HC (2025)

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Court No. - 14 Case :- APPLICATION U/S 482 No. - 2161 of 2025 Applicant :- Vijay Prakash Dubey And Another Opposite Party :- State Of U.P. Represented Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Ayushi Singh,Yogita Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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The present application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been preferred for quashing of the entire proceedings including the issuance of proclamation under Section 82 Cr.P.C. dated 04.01.2025, non bailable warrant dated 19.04.2023, summoning order dated 08.07.2021 and charge-sheet dated 28.06.2020 in case no. 24811/2021, arising out of case crime no. 0117/2020 under Sections 406, 420 & 506 IPC, P.S. Krishna Nagar, District Lucknow.

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Learned counsel for the applicant has submitted that the applicants have given cheques to the complainant which was bounced and as a result of which, the present FIR has been lodged under Sections 406, 420 & 506 IPC.

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It is further submitted that the offences under Sections 406 and 420 I.P.C cannot go in the same breath. In support of his submission, learned counsel for the applicants has relied upon the judgment of Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. and others vs. State of Uttar Pradesh and another reported in (2024)10 SCC 690 , wherein it has been held that if it is a case of the complainant that the office of criminal breach of trust as defined under Section 405 I.P.C., punishable under Section 406 I.P.C., is committed by the accused in the same offence, it cannot be said that the accused has also committed offence as cheating as defined and explained in Section 415 I.P.C., punishable under Section 420 I.P.C.

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It is further submitted that Section 142 of the N.I. Act also bars lodging of the FIR in case of bouncing of the cheque. The only remedy is to file a complaint under Section 138 of the N.I. Act .

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The matter requires consideration.

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Issue notice to the respondent no. 2.

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Steps be taken within seven working days.

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Office is directed to submit service report by the next date of listing.

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List this case in the week commencing 12.05.2025.

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Till the next date of listing, the proceedings of case no. 24811/2021, arising out of case crime no. 0117/2020 under Sections 406, 420 & 506 IPC, P.S. Krishna Nagar, District Lucknow, shall remain stayed.

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Order Date :- 4.4.2025/Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Vijay Prakash Dubey and Another v. State of U.P. Represented Thru. Prin. Secy. Home Lko and Another

Case brief

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Vijay Prakash Dubey and Another v. State of U.P. Represented Thru. Prin. Secy. Home Lko and Another

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