Neutral Citation No. - 2025:AHC:38691 Court No. - 73 Case :- APPLICATION U/S 482 No. - 37745 of 2024 Applicant :- Gautam Trehan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A.,Pankaj Sharma,Prashant Sharma Hon'ble Vikas Budhwar,J. 1. Heard Sri Vivek Sharma, learned counsel for the applicant and Sri S.P. Singh, State Law Officer for the State and Sri Satish Kumar (AOR No. A/50214/2019) holding brief of Sri Pankaj Sharma, learned counsel for opposite party no.2. 2. This is an application filed U/s 482 Cr.P.C. for quashing the entire criminal proceeding of complaint case no. 362 of 2024 (Smt. Doli alias Doli Rani vs. Gautam Proprietor of New Ashoka Boot House) under section 138 of N.I. Act, P.S. Didauli, District Amroha as well as summoning order dated 22.07.2024 passed by Addl. Chief Judicial Magistrate-I, Amroha. 3. Learned counsel for the applicant submits that taking into account the allegations contained in the complaint, this much would be evident that two cheques have been issued by the applicant on 01.05.2024 amounting to Rs. 3.30 lac and Rs. 3 lac. However, the said cheques have been misused particularly when the said cheques went missing and a complaint had been made to the station in-charge, P.S. Didauli, District Amroha on 28.04.2024 which was received on 13.05.2024. He submits that the summoning order is also cryptic and further no criminality whatsoever has been committed by the applicant. 4. Learned counsel appearing for opposite party no.2 on the other hand submits that these are the matter of defence which are being sought to be raised particularly when the theory so sought to be propounded by the applicant has no legs to stand inasmuch as in case of any theft of cheques, if a complaint was drafted on 28.04.2024 but the same stood received on 13.05.2024 in the police station and prior to it the cheques dated 01.05.2024 was presented in the bank which stood dishonoured on 02.05.2024. He submits that a lame excuse is being sought to be taken as a shield. 5. The learned State Law Officer has also adopted the arguments made by learned counsel appearing for opposite party no.2. 6. Having heard the learned counsel for the parties, the only question which arises for determination is the extent of judicial intervention at this stage in the present proceedings. Apparently, cheque came to be issued which stood dishonoured. However, the theory so sought to be propounded that the cheque went misplaced and they were the signed cheques which were misused, is a matter which is to be taken in trial and not at this stage. 7. Accordingly, no ground is made to interfere in the present application and is hereby rejected. Order Date :- 18.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad