Neutral Citation No. - 2025:AHC:75662 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6868 of 2025 Applicant :- Ambuj Kumar Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Instant application has been preferred with the prayer to quash the summoning order dated 11.06.2024 passed by learned Additional Chief Judicial Magistrate, 1st, Jaunpur along with entire criminal proceeding of Complaint Case no. 1043 of 2023 (Vijay Tiwari vs. Ambuj Tiwari) under Section 138 of Negotiable Instrument Act, PS- Madiyahun, District Jaunpur pending in the court of learned Additional Chief Judicial Magistrate, 1st, Jaunpur. 3. Learned counsel for applicant submitted that the instant application is second application preferred on behalf of applicant. First Application u/s 482 no. 30753 of 2024 (Ambuj Kumar Pathak vs. State of U.P. & another) has been dismissed vide order dated 05.02.2025 passed by co-ordinate Bench of this Court, with liberty to applicant to file fresh application under Section 528 BNSS. 4. It is next submitted that with regard to some money transaction took place between the opposite party no. 2 and applicant, opposite party no. 2 preferred complaint under Section 138 NI Act bearing Complaint Case no. 1043 of 2023 and the said proceeding has been put under challenge. It is next contended that applicant has been falsely implicated in the present case due to previous dispute between brother of applicant and opposite party no. 2. Applicant has already returned Rs. 22,500/- out of total disputed amount of Rs. 6,00,000/-. Learned court concerned issued summoning order against the applicant on dated 11.06.2024 which is illegal, arbitrary and liable to be quashed. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that the entire argument whatsoever has been raised by learned counsel for applicant are the matter of fact. One thing is crystal clear that instrument has been executed by applicant and the same has been dishonored which espouses cause of action in favour of opposite party no. 2 for preferring application under Section 138 of N.I. Act in which, the proceedings has been initiated and the same has been challenged before this Court. At this stage nothing can be determined in pursuance to the arguments raised by learned counsel for the applicant with regard to the fact that whether any amount has been extended in pursuance to amount mentioned in the instrument or not. So far as regarding the credit of the amount by the applicant against the account number of the opposite party no. 2 is concerned, the same is also a meager one i.e. to the tune of Rs. 22,500/- only against Rs. 6 lakhs which has been mentioned over the instrument. 7. In view of the aforementioned facts and circumstances, no interference is required at this stage and the application stands disposed of with the direction that, if applicant intends to prefer bail application within three weeks from today, the same shall be considered by learned court concerned in accordance with law. Till three weeks from today, no coercive action shall be initiated against the applicant. Order Date :- 9.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad