Neutral Citation No. - 2025:AHC:53599 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12160 of 2025 Applicant :- Dr Rohit Raghuwanshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Santosh Kumar Dubey, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. 2. This is an application under Section 528 of the BNSS preferred by the applicant for quashing the entire proceeding in pursuance of the summoning order dated 02.11.2018 in Complaint Case No. 1422 of 2018 (New Complaint Case No. 1668 of 2023) in between I.T.S. Center For Dental Studies and Research Vs. Dr. Rohit Raghuwanshi under Section 138 N.I.Act, Police Station Kotwali, District Ghaziabad, pending before Additional Civil Judge (Senior Division)/A.C.J.M. Court No.5, Ghaziabad. 3. Learned counsel for the applicant submits that with respect to dishonour of the cheque on 19.07.2018, a complaint stood lodged. Learned counsel for the applicant further submits that though on 19.10.2022, non-bailable warrant was issued and on 10.05.2024, proceedings under Section 82 CrPC, on 23.07.2024 proceedings under Section 83 CrPC and on 10.09.2024, the applicant had appeared before the court below though Advocate. Learned counsel for the applicant has submitted that the applicant is innocent and the amount, which is being sought to be claimed to have been dishonoured was not a legal and enforceable debt, in view of the Section 138 of N.I. Act. 4. Learned A.G.A. on the other hand submits that once the applicant himself has appeared before the court below, then he has to contest the proceedings. 5. Looking into the fact that summoning order is dated 02.11.2018 and already post-issuance of non-bailable warrant and proceedings under Section 82/83 CrPC, the applicant has already appeared through counsel, thus there is no ground even otherwise to quash in absence of any jurisdictional error. However, it is always open for the applicant to take all legal and factual grounds, which are available under law. 6. The application stands consigned to record. Order Date :- 11.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad