Neutral Citation No. - 2025:AHC:80813 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15738 of 2025 (Leading) Applicant :- Dharmendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A. With Case :- APPLICATION U/S 528 BNSS No. - 15753 of 2025 (Connected-C1) Applicant :- Dharmendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A. With Case :- APPLICATION U/S 528 BNSS No. - 10296 of 2025 (Connected-C2) Applicant :- Dharmendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Since common issues are involved in the leading , connected C1 and Connected C2 application, thus, they are being decided by a common order. 2. Heard Sri Dinesh Kumar Singh, learned counsel for the applicant in leading, connected C1 and connected C2 applications as well as Sri Vikas Sharma, learned State Law Officer for the State. 3. The facts of the leading application are that a complaint was lodged on 14.08.2024 by the opposite party no. 2 against the applicant regarding dishonoring of a cheque of an amount of Rs. 3,00,000/- bearing No. 044668 on 26.06.2024 followed by a statutory notice on 07.07.2024 and a complaint on 14.08.2024 and summoning the applicant on 20.09.2024 under Section 138 of NI Act. Thereafter, an application came to be preferred by the applicant on 27.01.2025 with a prayer that since a first information report had already been lodged by the opposite party no. 2 against the applicant under Section 406 of the IPC on 06.04.2024 FIR no. 0265 of 2024, thus, the proceedings Section 138 of the NI Act, be stayed. The said application came to be decided on 21.02.2025 by the court below that the argument so sought to be raised are subject to evidence at this stage is not feasible to decide, thus, the application be decided at the stage of judgment. 4. Questioning the said order, the present leading application has been filed. 5. Insofar as the connected C1 application is concerned, here also a complaint was lodged under Section 138 of the NI Act relatable to the dishonoring of a cheque of an amount of Rs. 2,00,000/- bearing No. 044669 dated 25.06.2024 on 26.06.2024 followed by a complaint on 07.07.2024 and the summoning order came to be passed on 20.09.2024. An application also came to be preferred for staying the proceedings under Section 138 of the NI Act due to pendency of the FIR. The said application also came to be rejected on 21.02.2025. 6. With respect to the connected C2 application, here also the cheque of Rs. 2,00,000/- bearing no. 0044673 stood dishonored, a statutory notice was issued on 07.07.2024 followed by a complaint and the application has been summoned under Section 138 of the NI Act on 20.09.2024. An application came to be preferred for staying the proceedings under Section 138 of the NI Act due to the pendency of the first information report under Section 406, the same was rejected on rejected on 21.02.2025. 7. Assailing the said order, the connected C2 application has been preferred. 8. Learned counsel for the applicant submits that though as per the provisions contained under Section 233 of the BNSS, the complaint case ought to have been stayed but the court below has shrunk its responsibility in deciding the application on merits. However, it has only observed that the arguments are subject to evidence and at the stage it is not feasible to decide and the application be decided at the stage of judgment. He further submits that whatever might be, opportunity be accorded to the applicant to raise all these pleas at the stage of Section 277 of the BNSS. 9. Learned AGA has not objection to the same. 10. Considering the submission so made across the bar, the application stands disposed of granting liberty to the applicant to take all legal and factual pleas at this stage when the same occasions may be under Section 277 of the BNSS, if maintainable and this Court has not reasons to disbelieve that in case, applicant moves appropriate proceedings before the court below for under Section 277 of BNSS, then the same may be decided with most expedition in accordance with law of the land. Order Date :- 15.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad