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2025 DAILYLAW 102438 (ALL)

RATAN SINGH v. STATE OF U.P. AND ANOTHER

NA528/38796/2025 · 2025-10-06

Vikram D Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38796 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned AGA for the State-respondent. 2. This application has been filed by applicant for quashing the summoning order dated 30.10.2023 passed by Additional Court, Muzaffar Nagar in Complaint Case No.20604 of 2023, Anuj Chaudhary Vs. Ratan Singh, under Section 138 N.I. Act, Police Station Civil Line, District Muzaffar Nagar. 3. Learned counsel for the applicant submits that the cheque in question was dishonoured and the value of the cheque was Rs.9,50,000/-. The applicant has already returned a sum of Rs.5 lacs on 23.4.2025 by RTGS to the opposite party no.2. The applicant is being proceeded and has been summoned by the impugned order. 4. In the present case, it is to be seen that the return of the amount as claimed by the applicant is a question of fact and the defence of the applicant, which is required to be proved in the trial, cannot be adjudicated before this Court. 5. In view of Section 118 and 139 of N.I. Act, no interference is required in the present case. Versus Counsel for Applicant(s) : Guru Prasad Mishra Counsel for Opposite Party(s) : G.A. Ratan Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. The present application is accordingly, dismissed. October 7, 2025 Bhaskar NA528 No. 38796 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad