Neutral Citation No. - 2025:AHC:24020 Court No. - 74 Case :- APPLICATION U/S 482 No. - 36056 of 2024 Applicant :- Devendra Prakash Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ganesh Shanker holding brief of Sri Sanjay Srivastava, learned counsel for the applicant and Sri Moti Lal, learned A.G.A., who appears for the State. 2. This is an application under Section 482 CrPC preferred by the applicant for quashing the entire proceeding including summoning order dated 28.03.2024 in Complaint Case No.5071 of 2023, under Section 138 of Negotiable Instrument Act, P.S. Kotwali, District Kanpur Nagar, pending in the Court of Metropolitan Magistrate- III, Kanpur Nagar. 3. Learned counsel for the applicant submits that though as per the allegations contained in the complaint, the allegations are referable to issuance of cheque for an amount of Rs.3,30,000/- and of non- payment of the same. However, while inviting attention of this Court towards pages-32 to 35 of the paper-book, it is being sought to be submitted that the entire payment has been made. Learned counsel for the applicant submits that the summoning order is bad in the eyes of law. According to him, though the payment has been made, however, he may be given an opportunity to prefer appropriate proceeding/application under Section 147 of the N.I. Act. 4. Learned A.G.A. on the other hand submits that the arguments so sought to be canvassed by the applicant with relation to the fact that the entire payment has been made good cannot be accepted, particularly in view of the fact that these are the defences, particularly when at the stage of summoning, the applicant has no role to play. He further submits that he has already made payment, then remedy lies elsewhere. 5. Having heard learned counsel for the parties and after after perusing the record, this Court is of the opinion that the arguments so sought to be made centers around the factual aspects, as this Court cannot go into the present proceedings, moreover, in case remedy lies, then the applicant has to take recourse of the same, as according to him, he shall be preferring proceeding/application under Section 147 of N.I. Act. 6. In view of the same, this Court declines to interfere in the present proceedings. 7. The application is accordingly consigned to record. 8. This Court has no reason to disbelieve that in case applicant moves appropriate proceedings under Section 147 of N.I. Act, before the court below, then the same shall be considered and decided on its own merits strictly in accordance with the law. Order Date :- 19.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad