Neutral Citation No. - 2025:AHC:76102 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5475 of 2025 Applicant :- Santosh Kumar Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Saurabh Srivastava, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash order dated 09.10.2024 registering the complaint case and court of 1324/2024 (Sharad Kumar versus Santosh Kumar Shukla) u/s 138 Ν.Ι. Act, P.S. Phaphamau, Allahabad pending before the Additional Chief Judicial Magistrate, Court No.6, Allahabad. 3. Learned counsel for the applicant submits that a complaint was lodged by the opposite party no. 2 against applicant under section 138 of the N.I. Act with respect to dishonouring of a cheque followed by issuance of a statutory demand notice and complaint. Learned counsel for the applicant submits by virtue of the order dated 09.10.2024, the applicant has been summoned. 4. Questioning the order dated 09/10/2024, the present application has been filed. 5. Learned counsel for the applicant further submits that there is no legal enforceable debt or liability against the applicant so as to invoke the provisions of Section 138 of the Act as by virtue of the conveyance deed, certain payments were to be made by the applicant but the applicant had made payments over and above the sale consideration. He thus submits that order dated 09.10.2024 be set aside. 6. Learned AGA submits that the order dated 09.10.2024 is not a summoning order, however, the said order has been passed under the first proviso to Section 223 of the BNSS, according to which, no cognizance of the offence shall be taken by the Magistrate without giving the accused of the opportunity being heard and here the applicant has been only noticed to submit its reply at a pre- summoning stage. 7. I have heard learned counsel for the parties and gone through the records carefully. 8. The order dated 09.10.2024 is extracted hereinbelow: " आज ववदद दवरव पररववद ससo असतररत धरव 138 NI Act दवखखल ककयव रयव पकरण पककणरववद कक रप मम दजर रखजसटर हह पतववलद कदनवसक 13.11.2024 कक ववसतक अपपखत हकतत पकश हक" 9. On a pointed query to be raised to the learned counsel for the applicant as to whether the order dated 09.10.2024 amounts the summoning of the applicant or compliance of the first proviso to Section 223 of the BNSS, 2023. Learned counsel for the applicant admits that the order dated 09/10/2024 is not a summoning order but the said order only provides for the issuance of the notice seeking reply at a pre-summoning stage. Since at this stage, the applicant has not been summoned but he has been noticed to submit a reply at a pre-summoning stage, thus, the application is premature. 10. Accordingly, the interference is declined, application stands disposed of granting liberty to the applicant to submit its reply which is required as per the provisions contained under first proviso to Section 223 of the BNSS. 11. In case, the applicant is summoned or any orders passed, it shall be always open for the applicant to again approach the Court. Order Date :- 9.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad