Neutral Citation No. - 2025:AHC:127996 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 4465 of 2025 Applicant :- Dilip Kumar Singh Opposite Party :- State of U.P. and Another Hon'ble Vikas Budhwar,J. 1. Heard Sri Ankit Kapoor, learned counsel for the applicant and Sri J.B. Singh, learned AGA for the State. 2. This application U/s 528 of BNSS has been filed to quash the order dated 20.12.2023 passed by Additional Chief Judicial Magistrate,, Court No. 7, Varanasi in Complaint Case No. 110873 of 2023, under Section 138 of Negotiable Instrument Act, Police Station Shivpur, District Varanasi (Sushma Mishra Vs. Dilip Kumar Singh). 3. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no. 2 on 30.09.2023 against the applicant under Section 138 of the NI Act with an allegation that applicant no. 1 was in need of the money in order to run his business and the opposite party no. 2 looking into the said need had given certain advances, however, with respect to discharge of liability, the applicant herein had drawn a cheque for an amount of Rs. 4,94,000/- bearing no. 412133 dated 18.08.2023 which on presentation in the bank was dishonored on 19.08.2023 thereafter, the opposite party no. 2 had approached the applicant for payment of the money but it was not paid so a statutory demand notice was issued on 24.08.2023 which is stated to have been served followed by a complaint and the applicant came to be summoned. Learned counsel for the applicant has submitted that the applicant has made the entire payments and now nothing remains to be paid, however, the opposite party no. 2 had scuffle with the wife of the applicant pursuant whereto an FIR was also lodged and injuries were also sustained by the wife of the applicant, he submits that there is no enforceable debt or liability so as to attract the provisions of Section 138 of the NI Act. 4. Learned AGA, on the other hand, submits that once the cheque stood drawn and it was dishonored then the presumption under Section 139 of the NI Act would be there. 5. I have heard the submission so made across the bar and perused the record carefully. 6. The sole question which arises for determination is the extent of judicial intervention at this stage in the present proceedings. As per the allegations contained in the complaint, the cheque stood drawn by the applicant which was dishonored. The question as to whether any amount is due or payable is a question which is subject matter of trial, moreover, the presumption under Section 139 would be there. As regards, the submission that the entire payment has been made, however, opposite party no. 2 wanted interest and he has beaten the wife of the applicant pursuant whereto FIR was also lodged and the wife of the applicant also sustained injuries, they are the question of defence, consideration whereof would be required only when the trial commences. 7. Accordingly, interference declined, application stands disposed of leaving it open for the applicant to raise all legal and factual issues before the court below. Order Date :- 31.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad