Neutral Citation No. - 2025:AHC-LKO:31929 Court No. - 12 Case :- APPLICATION U/S 482 No. - 4532 of 2025 Applicant :- Gee Pee Hitech Industries Thru. Bijay Agarwal, M.D. Kolkata Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko. And Another Counsel for Applicant :- Jalaj Kumar Gupta,Mehdi Khan Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Shri Jalaj Kumar Gupta, learned counsel for the petitioner as well as learned AGA for the State. 2. By means of this petition the petitioner has challenged the summoning order dated 03.08.2017 passed by learned Judicial Magistrate-II, Faizabad, in Complaint Case No. 3371/2018 (Krishna Kumar Singh Vs. Gee Pee Tech), under Section 138 of Negotiable Instruments Act, Police Station Maharajganj, District Faizabad (Now Ayodhya) as well as entire criminal proceeding of Complaint Case No. 3371 of 2018, pending before Civil Judge (S.D.)II/ACJM, Ayodhya. 3. It has been submitted by learned counsel for the petitioner that a complaint was moved by opposite party no.2 under Section 138 of Negotiable Instruments Act alleging that a Cheque No. 229129 amounting to Rs.164892/- was submitted to opposite party no.2, which was dishonoured and despite a notice has been given but money was not paid and accordingly the proceedings of Negotiable Act was initiated. The complainant had given statement under Sections 200 and 202 of the Cr.P.C. in pursuant to which the petitioner was accused in the said case and was summoned by means of the impugned order. 4. It has been submitted by learned counsel for the petitioner that he has appeared before the trial court and also obtained bail on 12.12.2018 but it seems that the petitioner did not cooperate or participate in the said proceedings, in pursuant to which, non-bailable warrant in the present proceeding has been initiated. 5. It is admitted that once the petitioner appears before the trial court and files bonds for appearance on all the date fixed before the trial court or seeks any exemption for appearance, it seems that the petitioner is not cooperating in the trial, due to which non-bailable warrant has been issued. With regard to the controversy once the petitioner has appeared it is open for him to file all the objections and take defence to the allegations levelled by the complainant before the trial court. Merely because due to his noncooperation and non appearance before the trial court, non-bailable warrant issued against him would not enable the petitioner to transfer the said controversy to this Court under Section 482 of the Cr.P.C. 6. Accordingly once the petitioner has put in appearance, it is open for him to raise all the grounds in his defence before the trial court and if he do so, he be permitted. 7. Accordingly at this stage, I do not find that the matter would be entertainable with regard to the summoning order and accordingly in the aforesaid circumstances, 7 days time is granted to the petitioner to appear before the trial court and recall of the non-bailable warrant, the trial court shall consider and pass appropriate order within next 7 days. . 8. Till two weeks or till passing the appropriate order, no coercive action shall be taken against the petitioner in pursuance of the impugned order. 9. With the aforesaid observations, the petition stands disposed of. . (Alok Mathur, J.) Order Date :- 28.5.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench