Neutral Citation No. - 2025:AHC-LKO:19689 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3019 of 2025 Applicant :- Manvendra Bhatt Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sushil Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Sushil Kumar Misra, learned counsel for the applicant as well as learned AGA on behalf of the State respondent. 2. In light of the proposed order, notice to private respondent is dispensed with. 3. It has been submitted by counsel for the applicant that the applicant is a tenant of the private respondent and there is a dispute pertaining to the payment of rent and eviction existing between the parties. It is further stated that till 2019 the amount of arrears of rent became about Rs.75,000/- and consequently, the same were paid to the complainant by means of Cheque No.769194 dated 06.06.2019. When the said cheque was presented to the Bank, the same has been dishonored on the ground of insufficient fund. Subsequently, a notice was given by the complainant and proceeding instituted under Section 138 of the Negotiable Instruments Act. 4. Counsel for the applicant has fairly submitted that summons were issued on 13.11.2019, pursuant to which the applicant had duly appeared before the trial court and has participated in the said proceedings. 5. The ground raised in the present case is that prior to expiry of 15 days of the notice, the complaint was lodged and accordingly, same was premature and has been rejected. There is no reason indicated in the petition as to why the summoning order has been assailed before this Court after more than five years and especially when the applicant has already put in appearance and contesting the case before the trial court. The power under Section 482 of the Cr.P.C. is an extraordinary power to prevent the abuse of process but it does not mean that in case a trial is going on, the same can be arrogated by this Court in exercise of power under Section 482 Cr.P.C. and a fresh trial commenced at this stage. 6. Considering the fact that the applicant has already appeared before the trial court and participating in the proceedings and would have taken all the defences at his command in the said proceedings. Accordingly, at such a belated stage especially considering the provision for opportunity of hearing already exist for the appellant to raise all grounds and evidence at his command before the trial court in order to defend the said case, no interference is called for in exercise of power of under Section 482 of the Cr.P.C. The petition is devoid of merits and is accordingly dismissed. [Alok Mathur,J.] Order Date :- 8.4.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench