Neutral Citation No. - 2025:AHC:17247 Court No. - 76 Case :- APPLICATION U/S 482 No. - 3697 of 2025 Applicant :- Saurabh Bhadauriya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 14.06.2022 and the non-bailable warrant order dated 10.12.2024, along with the entire proceedings of Complaint Case No. 490 of 2022, titled Shiv Singh Sengar v. Saurabh Bhadauriya, registered under Section 138 of the Negotiable Instruments Act, 1881, at Police Station Kotwali Nagar, District Hamirpur, presently pending before the Court of Civil Judge (Junior Division)/Fast Track Court, Hamirpur. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. It is submitted that the complaint does not specify the date of service of notice, nor was any statutory notice under Section 138 of the Negotiable Instruments Act duly served upon the applicant. Consequently, it is argued that the complaint is premature. Additionally, it is asserted that the applicant had already paid a sum of Rs. 5,00,000/- to the complainant through RTGS on 31.07.2020 and a further sum of Rs. 80,000/- via NEFT on 30.06.2021. It is contended that the amount claimed in the complaint is exaggerated. The applicant further submits that the impugned proceedings constitute an abuse of the process of law and, therefore, liable to be quashed. 4. Per contra, learned A.G.A., Shri Vibhav Anand Singh, opposed the prayer for quashing the proceedings. He submits that the amount transferred to the applicant through Cheque No. 062139 got dishonoured, which satisfies ingredients of Section 138 N.I. Act. He next submits that a notice was also issued to the applicant with regard to the dishonour of cheque under Section 138 (1) (b) of N.I. Act. 5. In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C. Further, perusal of contents of complaint, prima facie discloses offence under Section 138 of Negotiable Instrument Act. 6. In light of the foregoing discussion, the instant application under Section 482 Cr.P.C. lacks merit and is accordingly dismissed. Order Date :- 6.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad