Neutral Citation No. - 2025:AHC:88460 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18622 of 2025 Applicant :- Chandrashekhar Goswami Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Mishra,Sandeep Kumar Keshari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Ashwani Kumar Mishra, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State. 2. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits, thus, with the consent of the parties, the application is being decided at the fresh stage. 3. The case of the applicant is that on 03.02.2022, a complaint was lodged under Section 138 of the N.I. Act against the applicant with an allegation that a cheque bearing no. 104551 dated 03.01.2022 was drawn by the applicant for an amount of Rs. 5,32,400/- which on presentation in the bank was dishonoured on 05.01.2022 on the ground that the funds were insufficient, a statutory notice was issued on 15.01.2022 and the complaint was lodged on 03.02.2022. Thereafter the applicant has been summoned under Section 138 of the N.I. Act. 4. Learned counsel for the applicant submits that the summoning order cannot be sustained for the simple reason that the cheque leaf along with other bank documents were misplaced/ stolen thus proceedings for lodging of the NCR was made on 15.02.2020 and the communication whereof was also made on 20.02.2020, thus, no legal enforceable debt or liability stands imposed upon the applicant. 5. Learned AGA on the other hand submits that once a cheque is drawn then the presumption under Section 138 of the N.I. Act would be in favour of the holder. He further submits that whatever arguments are sought to be advanced, they are the matter of defences consideration whereof is not to be taken at the stage of summoning. 6. I have heard learned counsel for the parties and gone through the records carefully. 7. Apparently, the allegation in the complaint is with respect to dishonour of a cheque dated 03.01.2022 which was presented on 04.01.2022 and dishonoured on 05.01.2022. A statutory notice was issued on 15.01.2022, followed by a complaint on 03.02.2022. So far as the procedural part emanating form under Section 138 read with Section 142 of the N.I. Act is concerned, it is not the case of the applicant that there has been any infraction of the same. 8. As regards, the submission that the cheques stood lost and proceedings for lodging of a NCR and communication whereof was made to the bank is concerned, the same is at best of matter of defences which cannot be gone into at the present stage. What is relevant is the presumption under Section 139 of the N.I. Act. Further the velocity and the magnitude of the strength of the said defences can only be tested and adjudged at the time when the trial commences when the decision is to be taken for conviction or acquittal. 9. In view of the said discussion, no case is made out. Accordingly, the application stands dismissed. Order Date :- 23.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad