Neutral Citation No. - 2025:AHC:50988 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11448 of 2025 Applicant :- Smt. Lokesh Kumari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Saurabh Kumar Pandey, learned counsel for the applicant and Sri S.P. Singh, learned State Law Officer for the State-opposite party. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Complaint Case No. 13371 of 2020 as well as summoning order dated 26.10.2021, under Section 138 of N.I. Act, Police Station- Kavi Nagar, District Allahabad, pending before the court of learned Civil Judge (J.D.)/ F.T.C./ Judicial Magistrate, Ghaziabad. 3. Learned counsel for the applicant submits that from perusal of the complaint dated 16.12.2020, a certified copy whereof has been filed as Annexure-1 at page 16 of the paper-book reveals that with relation to the transfer of property which was owned by the applicant no. 1, her husband, Mukesh Kumar, agreement to sell stood executed on 04.06.2019, according to which, Rs. 20,00,000/- was partly paid by the opposite party no. 2 and the rest of the Rs. 5,00,000/- was to be paid at the time of registration of the sale deed. Learned counsel for the applicant submits that from the narration of the allegations contained in paras 3 and 4 of the complaint that two cheques were issued first, bearing No. 780607 dated 21.10.2020 of an amount of Rs. 4,70,000/- by Mukesh Kumar, husband of the applicant and second by the applicant for an amount of Rs. 7,50,000/- dated 27.10.2020 bearing no. 780672 which stood dishonored, a legal notice was issued and other complaint was filed. Learned counsel for the applicant submits that now summoning order has been issued on 26.10.2021 by the Court of Additional Civil Judge (J.D.)/F.T.C., Ghazipur, summoning of the applicant for dishonoring of a cheque bearing no. 780607 for an amount of Rs. 4,70,000/- dated 21.10.2020. Submission is that the summoning order is vitiated as the cheque of an amount of Rs. 4,70,000/- dated 21.10.2020 bearing No. 780607 was issued by the husband of the applicant, Mukesh Kumar but the applicant has been summoned. He submits that the applicant has not issued the said cheque. Learned counsel for the applicant further submits that the applicant has obtained bail. He submits that the summoning order be set aside and the matter be remitted back to pass fresh order. 4. Learned State Law Officer submits that from the perusal of the summoning order as well as the narration of the allegations contained in the complaint as well as the cheque, it is apparent that the cheque was issued by Mukesh Kumar Kumar and not the applicant which stood dishonoured. 5. Having heard learned counsel for the parties and after perusing the record, the Court finds from the perusal of the complaint as well as the summoning order and the cheque that the cheque was issued by the Mukesh Kumar Kumar and not by the applicant for an amount of Rs. 4,70,000/- bearing No. 780607 dated 21.10.2020 but the summoning order has been issued against the applicant and not against Mukesh Kumar Kumar who is shown to be the person who had issued the cheque. 6. Cumulatively, analyzing the case from the four corners of law, the summoning order dated 26.10.2021 passed by the learned Civil Judge (J.D.)/ F.T.C./ Judicial Magistrate, Ghaziabad cannot be sustained. 7. The order dated 26.10.2021 is set aside and the matter be remitted back to pass fresh order strictly in accordance with law. 8. Accordingly, the applicant U/S 528 BNSS stands disposed of. Order Date :- 8.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad