Neutral Citation No. - 2025:AHC:25422 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 908 of 2025 Petitioner :- Smt. Kahkashan Respondent :- State of U.P. and Another Counsel for Petitioner :- Mridul Chandra Tiwari,Vatsala Upadhyay Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioner and learned AGA for the State-respondent. 2. The present petition has been preferred challenging the order dated 16.07.2024 passed by learned Additional District and Session Judge, Court No.1, Muzaffar Nagar in Criminal Revision No.218 of 2024 (Smt. Kahkashan Vs. State of U.P. and another) and summoning order dated 30.04.2024 passed by learned Additional Judge, Muzaffar Nagar in Complaint Case No.41431 of 2023 (Salik Alvi Vs. Smt. Kahkashan), under Section 138 N.I. Act, P.S. Kotwali, District Muzaffar Nagar. 3. Learned counsel for petitioner submitted that petitioner has been falsely implicated in the present case by respondent no.2 and further pressed all the grounds whatsoever have been taken through the instant petition through which, it has been apprised that there is hardly any attraction of section in which the petitioner has been summoned and all these grounds have not been taken into consideration while passing the order dated 30.04.2024. Learned counsel for petitioner further submitted that the revisional court has also repeated the same illegality while passing the impugned order dated 16.07.2024 through which revision preferred by petitioner challenging the order dated 30.04.2024, has been rejected. Learned counsel for petitioner further contended that neither any cheque has been issued by petitioner in favour of respondent no.2 nor she has taken any money from respondent no.2 whereas the cheque in question was given by petitioner in the bank for taking some lone and as such, both the orders passed by learned courts concerned, are against the weight of evidence therefore, the same may be quashed. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the petition and submitted that after considering the material on record, learned trial court passed the summoning order and as such, there is no illegality in the orders impugned. 5. After having the rival submissions of learned counsel for parties and perusal of the material available on record, it appears that the concerned court after perusal of materials available on record, passed the summoning order. All the submissions raised by learned counsel for petitioner, are disputed question of fact which cannot be adjudicated upon by this Court at this stage and as such, the Court finds no infirmity or illegality in the orders impugned. 6. In view thereof, the petition lacks merit and is hereby dismissed. 7. However, petitioner will be at liberty to lead evidence which may be in assistance for proving her innocence at the proper stage. Order Date :- 20.2.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad