HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38636 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by applicant for quashing the impugned order dated 19.09.2025 passed by Civil Judge (S.D.)/F.T.C., Basti in Complaint Case No.23379 of 2021 (Arvind Singh vs. Awanindra Singh), under Section 138 of Negotiable Instruments Act, Police Station Rudhauli, District Basti, thereby rejecting the application under Section 311 of Cr.P.C. filed by the applicant. 3. It is submitted by learned counsel for the applicant that by means of the impugned order dated 19.9.2025 the application of the applicant-accused under Section 311 Cr.P.C. has been rejected on the ground that witness which is required to be summoned under the aforesaid provision is the Bank Manager and the applicant is always at liberty to summon the same by filing the list of defence witness before the court concerned. 4. Learned counsel for the applicant, at this stage, submits that he may be permitted to file the list of defence witness before the court concerned including the appearance of the Manager concerned which was sought to be summoned by means of application under Section 311 Cr.P.C. It is further submitted by learned counsel for the applicant that ends of justice would be served if the court concerned is directed to summon the defence witness in accordance with law. 5. Learned A.G.A. for the State has no objection to the aforesaid prayer Versus Counsel for Applicant(s) : Kali Charan Yadav Counsel for Opposite Party(s) : G.A. Awanindra Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) made by learned counsel for the applicant. 6. In view of the submissions made by learned counsel for the parties, the applicant may file the list of defence witness within a period of one month from today before the court concerned. 7. In the event, the list of defence witness are preferred by the applicant before the court concerned, the court concerned shall be obliged to summon the defence witness in accordance with law. 8. With the aforesaid observation/direction, the application under Section 528 BNSS is disposed of. October 7, 2025 VMA NA528 No. 38636 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad