Neutral Citation No. - 2025:AHC-LKO:18307 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2611 of 2025 Applicant :- Vivek Kumar Sinha Opposite Party :- The State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kavita Mishra,Rajeev Srivastava,Shahid Salam,Shobha Rajpoot Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Mohd. Ahmad, Advocate holding brief of Ms. Kavita Mishra, learned counsel for the revisionist as well as learned A.G.A. for the State of U.P. 2. In the light of proposed order notice to opposite party no. 2 is dispensed with. 3. Present application under Section 482 Cr.P.C. (now U/S 528 of BNSS), has been filed assailing the order dated 29.01.2019, passed by the Additional Chief Judicial Magistrate -IVth, Court No. 28, Lucknow in Complaint Case No. 523 of 2019, under Section 138 of the Negotiable Instruments Act, Police Station - Mahanagar, District - Lucknow. 4. It is submitted by learned counsel for the revisionist that opposite party no. 2 has filed a complaint under Section 138 of the Negotiable Instruments Act, alleging that the revisionist had taken Rs.3,35,000/- and as security has given a cheque of Rs.5,35,000/-, for the purpose of transaction, the said cheque was deposited in the bank and same was dishonored, resulting in lodging of the complaint. 5. Perusal of order sheet indicates that trial is at the stage of recording statements under Section 200/202 Cr.P.C. and till date summons have not been issued to the revisionist. 6. Learned counsel for the revisionist however, submits that revisionist is ready and willing to make part payment of the said amount. 7. Learned A.G.A. on the other hand has opposed the present application. He has submitted that the revisionist cannot be aggrieved by mere filing of complaint under Section 138 of the Negotiable Instruments Act before the trial Court, before any cognizance of the same is taken and summons are issued to the revisionist/accused therein. It is submitted that cause of action alleging abuse of process of the Court can be made only when there is some order taking cognizance or process is issued against the revisionist by the trial Court. 8. Accordingly, considering the rival contentions, this Court is also of the considered view that it is always open for the revisionist to tender the amount as per notice given by the complainant and it is only on his refusal to return the amount, a complaint under Section 138 of the N.I. Act has been filed. Once revisionist had received notice, had had opportunity to tender the amount and inform the Court at the appropriate stage. The revisionist shall have adequate opportunity to appear before the trial Court and submis his offer at the appropriate stage. 9. Accordingly, this Court does not find is proper to interfere in the matter at this stage. 10. Accordingly, present application being devoid of merits is rejected. Order Date :- 27.3.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench