Neutral Citation No. - 2025:AHC:49312 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11201 of 2025 Applicant :- Sarfraz Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mohammad Khalid, learned counsel for the applicant and Sri Sandeep Srivastava, learned A.G.A. for the State. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the entire proceedings of Complaint Case No. 847 of 2023, (Satnam vs. Sarfraz), under Section 138 of the N.I. Act, Police Station Quarsi, District Aligarh, pending in the court of Presiding Officer, Additional Court, District Aligarh. 3. Learned counsel for the applicant has submitted that a perusal of the complaint dated 12.9.2023 lodged by the opposite party no.2 against the applicant would make it more evident that the applicant is stated to have taken financial assistance from the finance company of the opposite party no.2 and a cheque stood issued on 10.7.2023 of an amount of Rs.4 lacs which were presented in the bank on 13.7.2023 stood dishonoured on 14.7.2023, a legal notice was issued on 28.7.2023 pursuant whereto summoning order has been passed. 4. Learned counsel for the applicant has invited attention of the Court towards a document Annexure-7 at page 39-40 being a document downloaded under the history of the hypothecation details according to which the finance company of the opposite party no.2 is not active and the account of Mahindra and Mahindra Financial Limited is active particularly for the reason that the applicant had made the entire payments and the cheque which was with the opposite party no.2 was as a security and thus it would not answer the description of the debt or other liabilities under Section 138 of the N.I. Act. He submits that a complaint has already been lodged post summoning order against the opposite party no.2. Further submission is that the entire proceedings are illegal in the eyes of law. 5. Learned AGA on the other hand submits that whatever might be the arguments sought to be raised they are the matter of defences which cannot be gone into particularly when there had been compliance of the requirement under Section 138 read with Section 142 of the N.I. Act. 6. Having heard the submissions so made across the bar, the sole question which arises for determination is the extent of judicial intervention. Apparently, a bare look of the complaint would reveal that the dispute pertains to Rs.4,00,000/- a cheque which is stated to be dishonoured. The cheque was drawn on 10.7.2023 stood dishonoured on 14.7.2023, legal notice was issued on 28.7.2023 which is stated to have been served as reflected in para-5 of the complaint and the complaint stood lodged on 12.9.2023. Thus, in absence of pointing out of any infirmity in the procedure so emanated in the N.I. Act, now a further question arises whether it would be appropriate for the Court to go into the defence regarding the fact that the said cheque was a security and further the fact that the amounts have already been paid while drawing attention towards page 40 of the paper book. The answer in all probabilities in the facts and the circumstances of the case would be "No". The Hon'ble Apex Court in the case of M/s Womb Laboratories Pvt Ltd vs Vijay Ahuja 2020 (18) SCC 631, Sunil Todi vs the State Of Gujarat 2022 (16) SCC 762 had the occasion to consider the fact as to whether an instrument was kept as a security or not, the Hon'ble Apex Court propounded the law that the same is a matter of trial. Apart from the same the Court finds that merely on a basis of a document which is Annexure-7 at page 40 of the paper book, no inference can be drawn at this stage that the payments stood made particularly when there is nothing on record to show that the cheque did not belong to the applicant in that regard. 7. Accordingly the present application under section 528 B.N.S.S. stands consigned to record. Order Date :- 7.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad