Neutral Citation No. - 2025:AHC:49030 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4720 of 2025 Applicant :- Dev Narayan Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Learned counsel for the applicant and Sri Kripa Shankar, learned AGA for the State. 2. This application U/s 528 of BNSS has filed for quashing the summoning order dated 17.05.2024 passed by learned Special Judicial Magistrate, Kanpur Nagar, by means of which the applicant has wrongly been summoned under Section 138 of N.I. Act, P.S. Panki, District Kanpur Nagar as well as the entire proceedings of Complaint Case No. 36226 of 2024 (Surya Prakash Tripathi Vs. Dev Narayan Mishra) under Section 138 of NI Act, P.S. Panki, Kanpur Nagar, pending in the Court of Special Chief Judicial Magistrate, Kanpur Nagar. 3. Learned counsel for the applicant has submitted that a cheque stood issued on 20.03.2024 for an amount of Rs. 1,00,000/- which stood dishonored on 27.03.2024, a legal notice was issued on 28.03.2024 which was refused to be received and thereafter complaint stood preferred on 19.04.2024. Learned counsel for the applicant submits that he is innocent. 4. Learned AGA, on the other hand, has submitted that there has been compliance of the provisions of Section 138 and Section 142 of the NI Act. 5. On a pointed query being raised to the applicant as to whether there is any infirmity in the summoning order he could not point out anything except the fact that the applicant is innocent. 6. Accordingly, the application is rejected. Order Date :- 5.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad