KANHAIYA MAURYA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL REVISION No. - 2818 of 2026

Kanhaiya Maurya And Another
                                                            .....Revisionist(s)
                                   Versus
State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Revisionist(s)                   :   Chandra Kumar Rai
Counsel for Opposite Party(s)                :   G.A.

Court No. - 86
            HON'BLE SUBHASH CHANDRA SHARMA, J.

Heard learned counsel for the revisionist as well as learned A.G.A. for the
State and perused the material on record.

The present criminal revision has been filed with prayer to set aside the
impugned judgment and order dated 10.03.2026 passed by Civil Judge
(Senior Divsion) F.T.C./Additional Chief Judicial Magistrate, Azamgarh in
Complaint Case No.2008 of 2024 (Subash Chandra vs. Kanhaiya Maurya
and another) under Section 138 N.I. Act, Police Station Rani Ki Sarai,
District Azamgarh by which discharge application was rejected.

It is submitted by learned counsel for the revisionist that in this case a
complaint u/s 138 N.I. Act was filed by opposite party no.2 against the
revisionists on which summoning was made by the learned trial court. The
order of summoning was challenged before this Court in application u/s 482
Cr.P.C. but it was dismissed by order dated 03.12.2024. At the stage of
charge, discharge application was moved by the revisionist before the
learned trial court but it was rejected by it without considering the facts of
the case. Further submitted that the amount mentioned in the cheque was
already repaid to the opposite party and cheque was demanded by the
revisionist from the opposite party no.2 but it was not returned and presented
before the bank filling the amount in the cheque which was subjected to
dishonor as a result present complaint was filed. Further submitted that a
criminal case was lodged by the revisionist Kanhaiya Maurya against the son
of opposite party no.2 under Sections 406, 323, 504, 506, 427 I.P.C. and
under section 22 Uttar Pradesh Sahukari Adhiniyam which also discloses
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                                    that the amount was repaid by the revisionist to the son of the opposite party
                                    no.2 even though he did not return the cheque to the revisionist but filed
                                    present case only for making pressure to extort money from him. The
                                    learned trial court has passed the order in question without considering all
                                    these facts that cannot be said to be lawful, therefore, request to set it aside
                                    and allow the revision.

                                    Learned A.G.A. opposed the prayer as aforesaid.

                                    Considering the facts and circumstances of the case, submissions made by
                                    learned counsel for the revisionist as well as learned A.G.A., perusal of
                                    record and the order dated 10.03.2026 passed by learned trial court, it
                                    transpires that a cheque no.003060 was given by the revisionist to the
                                    opposite party no.2 which was dishonored by the bank. A notice was sent to
                                    the revisionist for making payment of the amount but no such amount was
                                    paid by him within stipulated period of time as a result complaint was filed
                                    before the learned trial court on which summoning order was passed by it
                                    which was challenged by the revisionist before this Court in Application U/s
                                    482 Cr.P.C. No.37880 of 2024 which was dismissed by order dated
                                    03.12.2024. Now, at the stage of framing of charge, the learned trial court is
                                    to make scrutiny of the material only with a view to find out the prima facie
                                    case. Even on grave suspicion charge can be framed. At this stage, the
                                    scrutiny of the material cannot be made as is required during the course of
                                    trial. The F.I.R. lodged by the revisionist against the son of opposite party
                                    no.2 and the statements recorded by the I.O. in that case can also not be
                                    made basis for discharge in the present case. From the order passed by
                                    learned trial court dated 10.03.2026, there appears no any illegality and
                                    impropriety but this revision being devoid of merit is liable to be dismissed.

                                    Accordingly, this criminal revision is dismissed at the admission stage itself.


                                    May 7, 2026
                                    Ashok Gupta
                                                                                  (Subhash Chandra Sharma,J.)




Digitally signed by :-
ASHOK KUMAR GUPTA
High Court of Judicature at Allahabad