Neutral Citation No. - 2025:AHC:45822 Court No. - 73 Case :- APPLICATION U/S 482 No. - 39742 of 2024 Applicant :- Sri Atish Kaithwas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chand Saroj Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Prem Chand Saroj, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State. 2. This is an application U/s 482 Cr.P.C. filed for quashing the entire proceedings of Complaint Case No. 1117 of 2022 (Umesh Kumar vs. Sri Atish Kaithwas) and summoning order dated 06.04.2023 as well as non-baible warrant order dated 18.07.2024 passed by Additional Chief Judicial Magistrate, court no.9 Allahabad U/s 138 of N.I. Act, P.S. Mutthiganj, Allahabad pending in the court of Additional Chief Judicial Magistrate, court no.9 Allahabad. 3. Learned counsel for the applicant has submitted that a complaint stood lodged on 29.09.2022 under section 138 of N.I. Act relatable to the fact that by virtue of an agreement dated 02.06.2022 the tenancy of a shop in question stood transfered in favour of the applicant by the opposite party no.2 on the payment of an amount of Rs. 15 lacs, (seven lac in cash and eight lac in cheque). Learned counsel for the applicant submitted that two cheques of Rs. 4,00,000/- each are alleged to have been issued which stood dishonoured but the said cheques were misplaced and in this regard the bank was informed on 20.07.2022 at page 45 of the paper book. He submits that the cheques stated to have been dated 20.08.2022 which stood dishonoured and thereafter a legal notice was issued and the complaint was filed. Learned counsel for the applicant submits that the cheques have been misused and the applicant have been falsely implicated and they are innocent and the cheques stood missing. 4. Learned AGA has opposed the application. 5. Having heard the submissions so made across the bar, the sole question which arises for determination is an extent of a judicial intervention at this stage. Pertinently, the entire gamut of the argument of learned counsel for the applicant counter around the misplacing of the cheques and the information given to the bank itself shows that it is a photocopy of a letter hand written addressed to Senior Manager without disclosure of the name of the bank and there is no receipt of the said letter dated 20.07.2022. Nevertheless, these are the matter which cannot be consider at the stage when the trial commences and the said stage has not arrived till date. Nevertheless, in absence of pointing out of any jurisdictional error committed by the court below, this Court is not require to delve into the factual aspect. 6. Accordingly, the present application is rejected and consigned to record. Order Date :- 2.4.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad