Sachin Agarwal and Another Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Sachin Agarwal and Another Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Impugned summoning/cognizance order dated 21.06.2024 passed by the Chief Judicial Magistrate, Bulandshahr set aside; matter remitted back to the court concerned to pass a fresh order on the point of summoning, expeditiously in accordance with law; application u/s 528 BNSS finally disposed of in these terms.

Issue for consideration

Whether the cognizance/summoning order dated 21.06.2024 could stand when it charged the applicants with both cheating (S.420 IPC) and criminal breach of trust (S.406 IPC), offences which, per Delhi Race Club (supra), are independent, distinct and antithetical and cannot subsist on the same facts.

Court's answer

Per the Supreme Court's ruling in Delhi Race Club (supra), cheating and criminal breach of trust are independent, distinct and antithetical and cannot exist simultaneously on the same set of facts; accordingly, the impugned summoning order, which charges the applicants under both Sections 420 and 406 IPC, is not in accordance with law.

Ratio / Principle

The impugned summoning order dated 21.06.2024 passed by the Chief Judicial Magistrate, Bulandshahr is hereby set aside, and the matter is remitted back to the court concerned to pass a fresh order on the point of summoning, expeditiously in accordance with law.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Raj Beer Singh, J.), disposing of Application U/S 528 BNSS No. 28808 of 2025 (Sachin Agarwal and another v. State of U.P. and another): the applicants sought quashing of entire proceedings arising out of Case Crime No. 125 of 2021 (Sections 420, 406, 504, 506 IPC, P.S.- Kotwali City, District Bulandshahr), including the charge-sheet dated 06.03.2022 and the cognizance/summoning order dated 21.06.2024 in Case No. 6887 of 2024 passed by the Chief Judicial Magistrate, Bulandshahr. Relying on Delhi Race Club (1940) Ltd. and Others v. State of Uttar Pradesh and Another, 2024 SCC Online SC 2248, wherein the Apex Court held that cheating and criminal breach of trust are independent, distinct and antithetical offences that cannot exist simultaneously on the same set of facts, the court found the summoning order — which charged the applicants under both Sections 420 and 406 IPC — not in accordance with law, set it aside, and remitted the matter to the Chief Judicial Magistrate, Bulandshahr to pass a fresh order on summoning expeditiously in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 28808 of 2025

Sachin Agarwal And Another

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Suvansit Kumar Jaiswal
Counsel for Opposite Party(s)	: G.A.
Court No.- 71

HON'BLE RAJ BEER SINGH, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS ') has been filed for quashing of entire proceedings, including charge-sheet dated 06.03.2022 as well as cognizance / summoning order dated 21.06.2024, of Case No. 6887 of 2024 (State Vs. Sachin Agarwal and others), arising out of Case Crime No.125 of 2021, under Sections 420, 406, 504, 506 IPC, P.S.- Kotwali City, DistrictBulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahr.

It has been submitted by learned counsel for the applicants that the first information report of this case has been lodged making false allegations. It is further submitted that by impugned order dated 21.06.2024 applicants have been summoned for offence under Sections 420, 406, 504, 506 I.P.C. and as per law laid down in case of Delhi Race Club (1940) Ltd. and Others Vs. State of Uttar Pradesh and Another 2024 SCC Online SC 2248, offence of cheating viz-a-viz criminal breach of trust are independent and distinct and both cannot exist simultaneously and on this account alone the impugned summoning order is liable to be set aside.

Perusal of record shows that by impugned order dated 21.06.2024 applicants have been summoned under Sections 420, 406 I.P.C., besides Sections 504, 506 IPC. As stated above, in case of Delhi Race Club (supra), it has been held by the Hon'ble Apex Court that offence of cheating viz-a-viz criminal breach of trust are independent and distinct and both cannot exist simultaneously in same set of facts and that they are antithetical to each other. Thus, it is clear that impugned summoning order is not in accordance with law.

NA528 No. 28808 of 2025

2

In view of the aforesaid, the impugned summoning order dated 21.06.2024, passed by the Chief Judicial Magistrate, Bulandshahr is hereby set aside and the matter is remitted back to the court concerned to pass the order on the point of summoning afresh, expeditiously in accordance with law.

The application u/s 528 BNSS is finally disposed of in above terms.

September 4, 2025 'SP'/-

(Raj Beer Singh,J.)

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad