2021 (8) TMI 720

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....ar in Complaint Case No.2261 of 2017, under Section 138 N.I. Act and Sections 420, 120B I.P.C., Police Station- Govind Nagar, District- Kanpur Nagar, whereby non-bailable warrants along with process under Sections 82 and 83 Cr.P.C. have been issued against applicants. At the very outset, learned A.G.A. as well as Mr. Vivek Srivastava, learned counsel for complainant/opposite party-2 have raised a preliminary objection regarding maintainability of present application. They submit that applicants had earlier approached this Court by means of Criminal Misc. Application (under Section 482 Cr.P.C.) No.24041 of 2019, (Lala Ram Singh and another Vs. State of U.P. and another) wherein, entire proceedings of above-mentioned complaint case includi....

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.... of Bank Account, from which it is apparent that on 01.09.2016 an amount of Rs. 2,00,000/- was transferred in the bank account of the applicants. Subsequently, by the said amount, some land is said to have been purchased by the applicants. Since, prima facie a clear case for the offence punishable under Section 138 Negotiable Instruments Act and under Sections 420, 120-B IPC is made out against the accused-applicants, there appears to be no illegality or infirmity in the impugned proceedings including the summoning order against the accused-applicants. The application lacks merit and is, accordingly, dismissed." Subsequently, applicants again approached this Court by filing Criminal Misc. Application (under Sec....

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....ction 482 Cr.P.C. filed by the present applicants being Application U/S 482 No. 24041 of 2019 has been dismissed by a Co-ordinate Bench of this Court vide order dated 01.07.2019. Therefore, this application is not maintainable at this stage. This Application u/s 482 Cr.P.C. is wholly misconceived and it is accordingly dismissed." On the aforesaid factual premise, it is thus urged that present application is the third criminal misc. application (under section 482 Cr.P.C.) filed by applicants. Since there is no change in circumstances, this application is also not maintainable. It is next contended by learned A.G.A. and learned counsel for complainant/opposite party-2 that feeling aggrieved by summoning order as well a....