Neutral Citation No. - 2025:AHC-LKO:21907 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3193 of 2025 Applicant :- Manish Kumar Gupta Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Suyesh Pradhan, learned counsel for the applicant 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. By means of present application under Section 782 Cr.P.C. (now Section 528 of BNSS) the applicant has challenged the summoning order dated 28.08.2014, passed by the Additional Chief Judicial Magistrate, Court No. 1, Lakhimpur Kheri in Complaint Case No. 4694 of 2023, under Section 138 of Negotiable Instruments Act, Police Station - Phool Behar, District - Kheri, as well as non bailable warrant dated 03.03.2025 issued against the applicant in the aforesaid case. Further prayer has been made to quash the entire proceeding of Complaint Case No. 4694 of 2023. 4. It has been submitted by learned counsel for the applicant that complaint was lodged by opposite party no. 2 stating that she had given an amount of Rs.2,60,000/- to the applicant for purchasing a plot near Bhootnath in Gola. On inspection the complainant found out that the said plot was registered in the name of someone else and accordingly, in such circumstances no legal sale deed can be executed by the applicant in favour of complainant and consequently she requested for refund of her money . As per request made by complainant, the applicant gave her a cheque on 19.12.2013 bearing no. 154557 amounting to Rs.2,60,000/-, which on being presented before the Bank, was dishonoured due to insufficient funds. Consequently, legal notice was sent by the complainant to the applicant and despite legal notice, payment was not tendered and accordingly, complaint under Section 138 of NI Act was filed. 5. Before the Magistrate, statement under Section 200 Cr.P.C. was given by the complainant and considering the material on record and the facts as narrated in the complainant, the Magistrate found it a fit case for taking cognizance and issued summons to the applicant. The applicant in his reply has stated that he is ready and willing to tender the amount of cheque in favour of complainant, but it is noticed that the amount of Rs.2,60,000/- was due in 2014 and despite legal notice, the said amount was not tendered and accordingly, proceedings under Section 138 of NI Act have been initiated. 6. Even otherwise, in case complaint succeeds, the complainant would be entitled to twice the amount as well as interest on the amount due and it is in the aforesaid circumstances, this Court finds that offer of the applicant for payment of amount of cheque would be insufficient. 7. Apart from the above, this Court finds that all the ingredients of Section 138 of NI Act are made out and there is no infirmity in the impugned summoning order. At the stage of summons it is incumbent upon the Magistrate to look into the material available on record, which is the complaint and statement made under Section 200 and 202 Cr.P.C. 8. In the light of above, this Court finds that the Magistrate had fully applied his mind at this stage and issue summons and hence there is no infirmity in the same. 9. Accordingly, the present application being devoid of merits is rejected. Order Date :- 17.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench