IMPORTANT POINT
The court clarified that allegations of cheating and criminal breach of trust cannot coexist under the same facts, emphasizing the need for careful examination of complaints by magistrates.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Heard Mr. Siddharth, learned counsel for the applicants, Mr. Vijit Saxena, learned counsel for opposite party No.2 and Mr. Rakesh Kumar Mishra, learned AGA for the State.

2. Instant application under Section 482 Cr.P.C. has been preferred by applicants with a prayer to quash the Summoning order dated 01.07.2023 passed in Complaint Case No. 215 of 2020 (Smt. Shweta Gupta Vs. Rahul Gupta and others) under Sections 420, 406, 120-B I.P.C., Police Station-Railway Road, District- Meerut and also to set aside order dated 16.01.2024 passed by Additional Sessions Judge/Special Judge, (Anti Corruption Act), Meerut in Criminal Revision No. 504 of 2023.

3. In the present case, applicant No.2 is husband of the complainant whereas applicant No.1 is sister of applicant No.2.

4. Earlier, the complainant has lodged an FIR dated 22.06.2019 against the applicants, their father and mother for offence under Section 498-A, 323, 504, 506 and 406 I.P.C. and Section 3/4 Dowry Prohibition Act, wherein after investigation, a charge-sheet was filed on 12.07.2019 against all named accused persons except, the applicant No.1 herein.

5. The complainant thereafter filed an application under Section 156(3) Cr.P.C. against present applicants and their father and mother on 15.11.2019 that they have committed an offence under Section 420, 467, 468, 471, 504, 506 and 120-B I.P.C.

6. It was alleged that they hatched a conspiracy, wherein the applicant No.1 committed cheating and thereby withdrew money from the bank account of the complainant from the bank, where applicant No.1 was working as a Manager in a different branch at Bijnor. In all, Rs.1,18,000/- was withdrawn out of which Rs.70,000/- was transferred to the bank account of the applicant No.1 at Saboon Godown, Branch at Meerut. It was also alleged that applicant No.2 (husband of complainant) has linked his bank account with his email and phone number so that she may not get alert messages. She came to know about cheating when she checked account details on 17.02.2019.

7. The said application was considered as a complaint and statement of the complainant and witnesses were recorded under Section 200 and 202 Cr.P.C. For reference, statement of complainant recorded under Section 200 Cr.P.C. on 13.09.2021 is reproduced hereinafter:-

8. The Learned Magistrate has summoned a police report under Section 202(1) Cr.P.C. and after considering statements as well as a hand writing expert's report also, summoned the applicants under Section 420, 406 and 120-B I.P.C. by the impugned summoning order dated 01.07.2023. For reference, same is reproduced hereinafter in its entirety:-

9. The aforesaid order was challenged at instance of the applicant by way of filing a Revision Petition, however, it got dismissed by another impugned order dated 16.01.2024. For reference, relevant part thereof is also reproduced hereinafter:-

10. The court has initially tried to mediate since complainant and applicant No.2 are wife and husband, but parties failed to arrive at any mutual agreement.

11. Mr. Siddharth, learned counsel for the applicants submitted that bank has conducted an internal inquiry on basis of a complaint filed by the complainant and by a reasoned report, all allegations were found false and no such offence was found to be committed by the applicant No.1 or applicant No.2. Learned counsel has referred contents of it as well as a Handwriting Expert’s Report that signature on withdrawal form was of the complainant. It was also argued that on same set of facts, offence under Section 420 and 406 I.P.C. could not be simultaneously make out.

12. The above submissions are vehemently opposed by Mr. Vijit Saxena, learned counsel for opposite party No.2. He has submitted that learned Magistrate has conducted an inquiry himself on basis of the statements recorded under Section 200 and 202 Cr.P.C. as well as he also took note of the police report dated 29.09.2022 summoned under Section 202(1) Cr.P.C. as we