Neutral Citation No. - 2025:AHC:12557 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 31189 of 2024 Applicant :- Gulam Nabi Akhtar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Firoz Khan Counsel for Opposite Party :- Aarti Singh,Arvind Kumar Yadav,Ashwini Kumar,G.A.,Mahesh Narayan Yadav Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mohammad Firoz Khan, learned counsel for the applicant, Sri Mahesh Narayan Yadav, learned counsel for the opposite party no.2, Ms. Harshita Rani, learned AGA for the State and perused the Record. 2. The present application u/s 528 B.N.S.S. has been filed for the following reliefs:- "It is, therefore, Most Respectfully prayed that this Hon'ble court may graciously be pleased to allow this application, quash the impugned summoning order dated 6.2.2021 passed by the Special Chief Judicial Magistrate Allahabad (contained in Annexure No.1 to the affidavit) as well as proceeding of Complaint Case No.2193 of 2019, Brigunath Yadav versus Gulam Nabi Akhtar, under Section 138 Negotiable Instrument Act Police Station Colonelganj, District Allahabad pending in the court of Additional Chief Judicial Magistrate Court No.6 Allahabad. It is further prayed that entire of proceeding of Complaint Case No.2193 of 2019, Brigunath Yadav versus Gulam Nabi Akhtar, under Section 138 Negotiable Instrument Act Police Station Colonelganj, District Allahabad pending in the court of Additional Chief Judicial Magistrate Court No.6, Allahabad may be stayed during pendency of this Criminal Misc. Application under Section 528 B.N.S.S. before this Hon'ble Court and/ or to pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case." 3. Contention of learned counsel for the applicant is that cheque in question was not issued in discharge of any liability as the opposite party no.2 was also a partner in firm along with the applicant and subsequently business of the firm had closed. Thereafter, taking advantage of his position as partner, he has misused the cheque of the firm and instituted the impugned proceedings. It is further submitted that the applicant has also lodged an FIR against opposite party no.2 for threatening and loot but police after investigation has submitted final report in that case. It is further submitted that for the same offence opposite party no.2 had also lodged an FIR against the applicant under Sections- 406,419,420,467,468,471 and 506 IPC. Investigation is still pending, therefore, proceedings under the N.I. Act is barred in view of Section 300 Cr.P.C. as for the same offence, a person cannot be prosecuted and punished again. 4. Per contra, learned AGA and learned counsel for opposite party no.2 have submitted that grounds raised by the applicant are his defence which shall be considered in the trial. It is further submitted that the applicant himself moved an application before the court below that he wants to pay the entire cheque amount and he has also paid Rs. 3,00,000/- thereafter, he also seeks time from the court to deposit remaining Rs. 27,00,000/- therefore, there is clear admission of liability on the part of the applicant, therefore, no case for quashing is made out. 5. After hearing the learned counsel for the parties and perused the record, it appears that the applicant himself moved an application before the court below dated 4.10.2023 mentioning therein he had already paid Rs. 3,00,000/- in respect of the cheque in question and he would also pay the remaining Rs. 27,00,00/- of the cheque amount in monthly installment. The court below on the basis of that application has also passed an order dated 4.10.2023. This fact shows that there is clear admission on the part of the applicant, he has issued the cheque and wants to pay the same. Even otherwise, all the grounds raised by the applicant are his defence, which cannot be considered at this stage. The applicant is at liberty to raise all these grounds during trial. 7. In view of the aforesaid findings, the present application is dismissed. Order Date :- 23.1.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad