Neutral Citation No. - 2025:AHC:62130 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5613 of 2025 Applicant :- Manthan Yadav @ Sipu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghawendra Kumar Singh,Sandeep Kumar Gupta Counsel for Opposite Party :- G.A.,Sudhir Kumar Tiwari Hon'ble Vikas Budhwar,J. 1. Heard Sri Sandeep Kumar Gupta, learned counsel for the applicant as well as Sri Indrajeet Singh Yadav, learned A.G.A. for the State and Sri Sudhir Kumar Tiwari for O.P. No.2. 2. A joint statement has been made by learned counsel for the parties that they do not propose to file any affidavit and the application be decided on the basis of the documents available on record. 3. With the consent of the parties, this application is being decided at the fresh stage. 4. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 03.11.2022, passed by Ld. Chief Judicial (Junior Division)/Judicial Magistrate, F.T.C., Etah in Complaint Case (WSC) No. 11611/2021 (Praveen Kumar Vs. Manthan Yadav @ Sipu) alongwith its entire proceeding under Section 138 of Negotiable Instrument Act, pending before Ld. Chief Judicial (Junior Division)/Judicial Magistrate, F.T.C., Etah as well as Revisional order dated 01.01.2025, passed by Ld. Additional Session Judge/F.T.C.-II, Etah in Revision No. 217 of 2023 (Manthan Yadav @ Sipu Vs. State of U.P. & Others), Under Section 397 of Cr.P.C. 5. The case of the applicant is that a complaint was filed by O.P. No.2 on 27.10.2021 against the applicant with an allegation that on 15.08.2020, the applicant had approached the O.P. No.2 for financial assistance of an amount Rs.7,50,000/- and the applicant, thereafter extended the said financial assistance and on 14.09.2021, a cheque of an amount of Rs.7,50,000/- bearing number "01927" was drawn by the applicant and the same was deposited in cash for encashing the same, which was dishonoured. A statutory demand notice was issued and thereafter complaint was filed on 27.10.2021. Learned counsel for the applicant submits that the Magistrate summoned the applicant on 03.11.2022 under Section 138 of N.I. Act, against which the applicant preferred a revision before the court of Addl. Sessions Judge, F.T.C.-2 bearing number "217 of 2023" which was rejected on 01.01.2025. Submission of learned counsel for the applicant is that even if the allegations are taken into face value, then the same would amount to drawing of a cheque of Rs.7,50,000/- by the applicant for repayment of the financial assistance so sought to be granted by the applicant and a perusal of the cheque, which is at page-54 of the paper-book is from the account of Gram Nidhi of the Zila Panchayat Raj Adhikari. He submits that for personal loan no cheque can be issued from the account of Zila Panchayat Raj Adhikari and further the account holder from a Zila Panchayat Department has also not been made a party to the complaint. He further submits that the cheque had been misused and while inviting attention towards page-59 he submits that he was the Gram Pradhan from the period from 2015 to 2020 and the cheque has been stated to have been drawn on in the year 2021. He submits that all the said issued were raised before the Revisional Court but the Revisional Court had not considered the said aspect of the matter in correct perspective. He submits that the orders be set aside. 6. Sri Tiwari who appears for O.P. No.2 as well as learned A.G.A. submits that the summoning order cannot be said to be bad on account the fact that once the cheque was drawn and it stood dishonoured, but he submits that the contention which has been raised has not been considered in correct perspective by the Revisional Court. He according to the instructions from his client submits that the order dated 01.01.2025 passed by the Court of Sessions Judge, F.T.C.-II, in Revision No.217 of 2023 be set aside. The matter be remitted back to the Revisional Court to pass a fresh order. 7. To such a submission, learned counsel for the applicant has no objection. 8. Considering the submissions so made across the Bar and in view of the specific stand taken by them, as noted above, and since the said contentions have not been considered in entirety and in correct perspective, the order dated 01.01.2025 is set aside and the matter is remitted back to the Revisional Court to pass fresh orders. 9. In view of above, the application stands disposed of. 10. Passing of this order may not be construed that this Court has entered into merits of the case. Order Date :- 24.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad