Neutral Citation No. - 2025:AHC:20924 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4206 of 2025 Applicant :- Brijlal Thekedar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed by Ms. Priyanka Devi Sharma filed today on behalf of O.P. No.2 is taken on record. 2. Heard Sri D.D. Kushwaha, learned counsel for the applicant, Sri Indrajeet Yadav, learned A.G.A. for the State and Ms. Priyanka Devi Sharma for the O.P. No.2. 3. This is an application under Section 528 of the BNSS preferred by the applicant for quashing the summoning order dated 20.12.2024 along with entire proceedings arising out of Complaint Case No.6560 of 2024 (Mohammad Ali Vs. Brijlal Thekedar) under Section 138 of N.I. Act, Police Station- Kotwali Mahoba, District Mahoba, pending in the Court of Judicial Magistrate 1st Mahoba. 4. Learned counsel for the applicant submits that a totally false and frivolous complaint purported to be under Section 138 of the N.I. Act has been lodged against the applicant. He further submits that there happens to be a contractual relationship between applicant and opposite party no.2 and whatever amount due, was fully paid. However, a counter claim was sought to be made by O.P. No.2 while injecting the theory of dishonouring of the cheque that though the complaint was lodged on 04.09.2024 by the O.P. No.2, however, prior to it the applicant also submitted the complaint before the Superintendent of Police, Mahoba on 24.08.2024. He further submits that with regard to the criminality so sought to be effectuated under Sections 191(2), 352, 351(2), 316(2) of the BNS, 2023 and the provisions of Sections 3(1)(Da), 3(1)(Dha) and 3(2) (va) of SC/ST Act, 1989 (Amendment 2015), a first information report also came to be lodged by the applicant against O.P. No.2. 5. Learned A.G.A. as well as learned counsel for O.P. No.2 on the other hand submit that whatever might be, once offences are made out from the narration of the complaint relatable to the issuance of the cheque and non-payment due to stopping of the payment, then whatever arguments are being sought to be raised by the applicant, they center around factual score and they might be defence of the applicant. 6. Having heard learned counsel for the parties, this Court is of the view that no case for interference is made out, particularly when whatever arguments are sought to be raised are the matter of defence, which would come when the trial commences. Apart from the same, the summoning order has been passed after considering each and every aspect of the matter relatable to the issuance of the cheques and non-fulfilment of the demand in that regard. 7. According, the application is consigned to record. Order Date :- 13.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad