TMI Blog2021 (8) TMI 720X X X X Extracts X X X X X X X X Extracts X X X X ..... nt : Imran Khan For the Opposite Party : G.A., Ashwani Kumar Mishra , Santosh Kumar Mishra , Vivek Srivastava ORDER Heard Mr. J.H. Khan, learned counsel for applicants, learned A.G.A. for State and Mr. Vivek Srivastava, learned counsel for complainant/opposite party-2. This application under Section 482 Cr.P.C. has been filed challenging order dated 08/11.01.2021 passed by Special Chief Judicial Magistrate, Kanpur Nagar 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 we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the accused-applicants. It is contended by learned counsel for the applicants that no case against applicant No. 2 who is the wife of applicant No. 1 is made out. From the bare perusal of the complaint, it is apparent that some agreement has been executed by the applicants for advancing the loan of ₹ 2,00,000/- to them. Learned counsel for opposite party No. 2 has produced the Statement of Bank Account, from which it is apparent that on 01.09.2016 an amount of ₹ 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 Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Complaint Case No. 2261 of 2018 (Neelam Singh Vs. Lala Ram Singh and another), under Section 138 N.I. Act Sections 420, 120-B I.P.C., Police Station Govind Nagar, District Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar. Since, this is the second application under Section 482 Cr.P.C. filed by the present applicants. The first application under Section 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 afor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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