Neutral Citation No. - 2025:AHC:30930 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 6889 of 2025 Applicant :- Sandeep Kataria Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anil Kumar Jaiswal, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 23.03.2023 as well as entire criminal proceeding of Complaint Case No. 2605 of 2023 (M/s Century Ply Boards Versus M/s Kataria Plywood and another), under Section-138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 188'), Police Station- Lal Kurti, District-Meerut, pending in the court of Additional Civil Judge (J.D.), Court No.1, Meerut. 3. Contention of learned counsel for the applicant is that cheque in question was not issued in discharge of any liability as there was a business transaction between the parties, therefore, no offence u/s 138 of the Act, 1881 is made out. The account to which the cheque in question has been issued had already been closed on 09.04.2019 but the cheque in question was presented before the bank subsequently. 4. Per contra, learned A.G.A. has submitted that grounds raised by the applicant are his defence and cannot be considered, at this stage and there is no illegality in the impugned proceeding. 5. Considering the submission of learned counsel for the parties and on perusal of record, it appears that there is no illegality in the impugned proceeding and the contention raised by learned counsel for the applicant is disputed questions of fact that can be raised by him during trial. 6. In view of the above, this court does not find any illegality in the impugned order. 7. Accordingly, the present application is disposed of. Order Date :- 4.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad