HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17869 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned AGA for the State- respondent. 2. This application has been filed by applicant for quashing the order dated 2.5.2022 passed in Complaint Case No.23407 of 2022, old Complaint Case No.54 of 2022, Shiv Kumar Malik Vs. M/s Valencia Infratech, passed by Presiding Officer (ACJM), Additional Court, Court No.1, Meerut, under Section 138 Negotiable Instrument Act, Police Station Nauchandi, District Meerut as well as entire proceeding. 3. It is submitted by learned counsel for the applicant that the cheque in question was dishonoured against which, a demand notice was issued and the applicant has replied the demand notice and has denied the debt. The statement of the complainant under Section 254 Cr.P.C. has already been recorded and at the stage of Section 255 Cr.P.C. the Magistrate is required to consider the evidence and may proceed to either hold the applicant- accused guilty or not guilty. He submits that the court concerned may be directed to consider the case and the evidence on record in terms of Section 255 Cr.P.C. 4. Sri I.K. Chaturvedi, learned Senior Counsel assisted by Sri Amresh Singh, Advocate holding brief of Sri Saurabh Chaturvedi, learned counsel for the opposite party no.2 submits that the trial court may be directed to consider at the stage of Section 255 Cr.P.C. Versus Counsel for Applicant(s) : Rajneesh Pratap Singh Counsel for Opposite Party(s) : G.A. M/S Valencia Infratech Through It Partner Abhinav Verma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Considering the facts and circumstances of the case and the fact that the trial court is ceased with the matter, this Court is of the view that it would be appropriate to direct the court concerned to consider at the stage of Section 255 Cr.P.C. after hearing the accused as well as complainant and pass appropriate orders in accordance with law. 6. Subject to the aforesaid directions/observations, the present application stands disposed of. October 16, 2025 Bhaskar NA528 No. 17869 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad