Court No.

- 82

Case :- APPLICATION U/S 482 No. - 17412 of 2022

Applicant :- Amarjeet Singh

Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Praveen Kumar Singh,Anurag
Vajpeyi
Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Shyam Shamshery,J.

In the first round of litigation, the petitioner has taken benefit of

filing a revision petition which was allowed by an order dated
13.02.2019. Subsequently, the impugned summoning order has
passed on 02.05.2022. However, this time, the petitioner has
approached this Court directly.
Sri Anurag Vajpeyi, learned counsel for the applicant submits
that the applicant is nowhere connected with the affairs of the
proprietorship M/s Harpreet Lubricants. He is not even
signatory to the cheque which was dishonoured and the
proceedings were wrongly initiated against him under Section
138 of Negotiable Instruments Act, 1881.

He further submits that it is a concurrent jurisdiction of

Revisional Court as well as jurisdiction of this Court, therefore,
the applicant has approached directly to this Court.

The above submission of learned counsel appears to be good at

the first view, however, in the earlier round of litigation, the
petitioner has approached the Revisional Court which was
allowed in favour of the applicant. However, this time, the
applicant has directly approached this Court challenging the
impugned summoning order on merit also. In the application,
not a single averment is made that under which circumstances
he approached directly to this Court by way of filing the present
application under Section 482 Cr.P.c. before availing the
 remedy before Revisional Court.

There is no bar for this court to entertain an application against

the summoning order directly under the jurisdiction provided
under Section 482 Cr.P.C. However, the benefit to the applicant
as well as the opposite party to have a decision of a Revisional
Court may not be bye-passed in a very casual manner. Such as
in the present case where there is no averment in the application
to disclose any circumstance to appear the Court at the first
instance.

In view of the above, without entering into the merits of the

case at this stage, this application is rejected with liberty to the
applicant to first approach the Revisional Court to challenge the
impugned order.

Order Date :- 22.8.2022

Nirmal Sinha

Digitally signed by NIRMAL SINHA

Date: 2022.08.23 10:06:30 IST
Reason:
Location: High Court of Judicature
at Allahabad