Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8521 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
1. Sri Deepak Singh Patel, learned counsel for the applicant, as per instructions, submits that though the application has been preferred to quash the summoning order dated 02.01.2024 passed by Judicial Magistrate Nawabganj, Bareilly in Complaint Case No. 1079 of 2023 (Brajpal Singh Vs. Nanhe Lal) under Section 138 Negotiable Instrument Act, Police Station-Nawabganj, District- Bareilly, however, he confines his relief for contesting the proceedings while taking a specific ground that there is no recital about the date on which the statutory notice came to be issued in the complaint and service upon the same and there is infraction of the provisions contained under Section 138 read with Section 142 of the NI Act and the court below be directed to decide the same.
2. Learned A.G.A. has no objection to the same.
3. Considering the submissions raised at the bar, the application stands disposed of leaving it open for the applicant to take all legal and factual grounds while contesting the trial including the ground that he has not received the notice and there is no recital about the issuance of the notice in the complaint. September 11, 2025 Rajesh Versus Counsel for Applicant(s) : Abdul Zarrar Khan, Deepak Singh Patel Counsel for Opposite Party(s) : G.A. (Vikas Budhwar,J.) Nanhe Lal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad