HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38385 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant, and learned A.G.A for the State. 2. The present application has been filed for quashing the entire proceeding of Complaint Case No.27337 of 2023, (Rajendra Kumar Versus Kanahya Lal) under Section 138 of the Negotiable Instruments Act, Police Station- Sipari Bazar, District-Jhansi, pending before Civil Judge (C.D.)/F.T.C. (14th Finance Commission) Additional Chief Judicial Magistrate, Jhansi, as well as summoning order dated 31.01.2024, passed in aforesaid case. 3. It is submitted by learned counsel for applicant that a cheque of Rs.6,40,000/- is alleged to have been dishonoured. Learned counsel for applicant submits that applicant was working with the opposite party no.2 and have taken a cheque without knowledge of the applicant. The son of complainant has also lodged the similar complaint with a different cheque number. Learned counsel for applicant submits that applicant has been falsely implicated in the case. 4. The plea raised by the applicant in the present application are in the nature of defence of applicant-accused. The defence version of events would require a mini-trial. The defense evidence and arguments are meant to be presented and proved during the trial. It is now fairly settled that while exercising inherent jurisdiction under Section 528 BNSS or revisional jurisdiction under Section 397 of the Code of Criminal Procedure in a case where complaint is sought to be quashed, it is not proper for the this Court to consider the defence of the accused or embark upon an enquiry in respect of merits of the accusations. The nature of plea(s) raised by the Applicant are Versus Counsel for Applicant(s) : Sunil Kumar Kushwaha Counsel for Opposite Party(s) : G.A. Kanahya Lal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) essentially questions of fact and required appreciation of facts, which this court does not consider necessary to be considered at this stage as these facts are required to be proved by the applicant-accused before the trial court prior to the same being considered. 5. In view of above, the application under Section 528 BNSS is dismissed. October 14, 2025 D. Tamang NA528 No. 38385 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad