Neutral Citation No. - 2025:AHC-LKO:24678 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3428 of 2025 Applicant :- Raj Kumar Vaish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kunwar Ravi Prakash,Ram Sajiwan Yadav Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Ram Sajiwan Yadav, learned counsel for the petitioner as well as learned A.G.A. on behalf of the State. 2. By means of the present petition under Section 528 of BNSS the petitioner has challenged the summoning order dated 6.4.2022 as well as entire proceedings in complaint case No.7326 of 2022 under Section 138 of Negotiable Instruments Act relating to police station Ghazipur, District Lucknow. 3. It has been submitted that opposite party No.2 had filed an application under Section 138 of N.I. Act stating that the petitioner had given two cheques bearing No.s 000006 and 000007 in the name of Bombay Mercantile Cooperative Bank Limited, Quaiserbagh, Lucknow for Rs.11,00,000/- and Rs.15,75,000/- respectively and when the complainant had presented the same before his banker Punjab National Bank, the same was dishonored on 4.1.2022 and 14.12.2021 and the reason was given as insufficient fund. It is further submitted that legal notice was sent to the petitioner, who did not pay the said amount and consequently proceedings were initiated under Section 138 of N.I.Act. 4. Learned counsel for the petitioner has submitted that in fact the said amount was given to the complainant to purchase a land but no such land was given to the petitioner and consequently the petitioner does not own any legal obligation to the opposite party and consequently prayed for quashing the proceedings. 5. From the record, it seems that the revisionist has put in appearance before the trial court and his statement under Section200 Cr.P.C. has also been recorded where in his deposition he has clearly stated that the cheque was given to purchase the said land. It is noticed that the said plea has also been raised by the petitioner before the trial court and the matter is pending. This Court in proceedings under Section 528 BNSS would not relegate itself to the issues which are under consideration for trial before the trial court. The said issue having been raised before the trial court would be duly considered and the evidence adduced by the revisionist on the same facts cannot be permitted to be raised in parallel proceedings before this Court. 6. For the aforesaid reasons, we do not find any ground for interference in the petition. The petition is accordingly dismissed. (Alok Mathur, J.) Order Date :- 30.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench