Neutral Citation No. - 2025:AHC:24094 Court No. - 74 Case :- APPLICATION U/S 482 No. - 38516 of 2024 Applicant :- Dharmendra Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ajay Dubey, learned counsel for the applicant and Sri Jai Bahadur Singh, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing the summoning order dated 2-7-2024 and further Proceeding of complaint case no. 27356 of 2023 Deedar Singh versus Dharmendra Kumar Sharma under section 138 of Negotiable Instrument Act, P.S.- Hari Parwat District- Agra Pending in the court of Addl. Chief Judicial Magistrate Court No. 5 Agra. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated as though the cheque which is a page 16 of the paper book is stated to have been issued by Jai Mahaveer Transport Company & Commission Agency for an amount of Rs.45,00,000/- but without making the said company as an accused, the proceeding has been sought to be initiated. He further submits that the summoning order is defective. 4. Learned AGA on the other hand submits that from the perusal of the cheque which is at page 16 of the paper book it is more than evident that Jai Mahaveer Transport Company & Commission Agency is not a private or a public limited company as just over it and below the signature of the opposite party no.2 the stamp of the proprietor has been affixed which shows that it is a proprietor ship firm. 5. Confronted with the said situation, learned counsel for the applicant submits that the applicant shall be preferring appropriate proceeding of the application under Section 147 of the N.I. Act for compounding of the offences. 6. To such a submission, learned AGA has no objection. 5. Considering the submissions made across the bar interference in the order impugned is declined, however, it is open for the applicant to take appropriate proceedings as advisable and permissible under law, under Section 147 of the N.I. Act in case the proceedings are being preferred the same shall be given a logical end. 6. In view of above, the present application under section 482 Cr.P.C. stands disposed of. Order Date :- 19.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad