Neutral Citation No. - 2025:AHC:24014 Court No. - 74 Case :- APPLICATION U/S 482 No. - 36165 of 2024 Applicant :- Kamlesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Yadav,Prem Shankar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Prem Shankar, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire proceeding of Case No.1541 of 2022, (Parashuram Yadav vs. Kamlesh Yadav), under Section 138 of the N.I. Act, Police Station Cantt. District Gorakhpur as well as summoning order dated 13.5.2022 passed by learned Additional Civil Judge (S.D.), Second/A.C.J.M. Gorakhpur against the applicant, pending in the court of learned Additional Civil Judge (J.D.), Court No.1, Gorakhpur. 3. Learned counsel for the applicant submits that as per the complaint and the summoning order dated 13.5.2022 it is more than apparent that with relation to certain disputes so occurred a cheque of Rs.8,00,000/- is stated to have been issued by the applicant in favour of the opposite party no.2. He further submits that on 9.12.2021, the cheque was dishonoured on the ground of funds being insufficient. According to him notice to be issued on 13.12.2021 which is a mandatory requirement under Section 138 of the N.I. Act and thereafter on 1.2.2022 the complaint stood lodged. 4. Learned counsel for the applicant though has made submissions regarding inherent defects in the entire procedure so sought to be adopted culminating into the summoning order but he submits that since there are other factual issues involved and further he seeks compounding under Section 147 of the N.I. Act. 4. Learned AGA has no objection to the same. 5. Considering the submissions so made across the bar, the application stands disposed of granting liberty to the applicant to take recourse the legal remedy as provided under Section 147 of the N.I. Act which is applicable in such a proceeding is being initiated, the Court has no reason to disbelieve that the same shall be given a logical conclusion with most expedition. Order Date :- 19.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad