HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 49865 of 2025 Court No. - 73 HON'BLE DEEPAK VERMA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant; learned counsel for the opposite party No.2 and learned A.G.A for the State as also perused the record. 3. Instant application has been filed to set aside the order dated 16.10.2025 passed by learned Additional Civil Judge (Junior Division)-3, Kanpur Nagar in Complaint Case No.36548/2025, Kamil Hussain versus Suaib Khan, Under Section 138 Negotiable Instrument Act, Police Station Colonelganj, District Kanpur Nagar pending in the court of learned Additional Civil Judge (Junior Division)-3, Kanpur Nagar. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present proceedings due to malice. It is further submitted that the learned court below, without properly considering the objections filed by the applicant, allowed the application filed by opposite party no. 2 under Section 143-A of the Negotiable Instruments Act. It is also contended that the applicant is not in a financial position to deposit the amount as directed by the learned court below vide order dated 16.10.2025. It is argued that no offence is made out against the applicant and that the impugned order has been passed without proper application of judicial mind. Versus Counsel for Applicant(s) : Prashant Pandey Counsel for Opposite Party(s) : Babita Srivastava, G.A., Kumar Ashutosh Srivastava, Ritesh Kumar Srivastava Suaib Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned A.G.A. as well as learned counsel for the opposite party No.2 has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that the order impugned do not suffer from any illegality or infirmity. 6. From the material available on record, it appears that the applicant has admitted his signature on the cheque and has also admitted that the cheque was given to opposite party no. 2, allegedly to avoid payment of interim maintenance to the complainant. It is also admitted that the cheque was dishonoured by the bank. The learned trial court, upon consideration of the material on record, has formed an opinion that interim compensation ought to be awarded and that sufficient grounds exist for the same. It is further evident that the amount so awarded is recoverable from the applicant in accordance with the provisions of Section 143-A(4) of the Negotiable Instruments Act. 7. The submissions raised by learned counsel for the applicant involve disputed questions of fact, which cannot be adjudicated at this stage. Upon consideration of the facts and circumstances of the case, no interference is warranted by this Court in exercise of its jurisdiction. 8. Accordingly, the present application is dismissed. March 18, 2026 KJ NA528 No. 49865 of 2025 2 (Deepak Verma,J.) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad