Neutral Citation No. - 2025:AHC:79773 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13824 of 2025 Applicant :- Sachin Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Rana,Prashant Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Deepak Rana along with Sri Prashant Kumar, learned counsel for the applicant and Sri B.S. Kushwaha, learned AGA for the State. 2. In view of the order which is being proposed to be passed, notice is not being issued to the opposite party no. 2. 3. This application u/s 528 of BNSS has been preferred to quash the entire criminal proceeding as well as the order dated 18.10.2023 passed by Additional Civil Judge (JD) Court No.7/ N.I Act, Muzaffar Nagar in compliant case no. 1235/2020 (Sudheer Malik Vs Sachin Jain) Under Section 138 N.I. Act, Police Station New Mandi, District Muzaffar Nagar, pending in the court of Civil Judge (Senior Division) Court no.1 Muzaffar Nagar. 4. Learned counsel for the applicant has submitted that on 07.08.2020 a complaint was lodged by the opposite party no. 2 against the applicant under Section 138 of the NI Act with an allegation that a cheque of an amount of Rs. 92,500/- drawn by the applicant on 24.02.2020 bearing no. 715448 when presented in the bank on 18.05.2020 was dishonored on 19.05.2020 thereafter a statutory notice was issued on 17.06.2020 which came to be served upon the applicant on 18.06.2020 and the complaint has been lodged on 07.08.2020. Thereafter, now summoning order has been issued on 18.10.2023 by the court of Additional Civil Judge (J.D.), NI Act. 5. Learned counsel for the applicant submits that the complaint itself was time barred and there ought to have been any application u/s 142(b) of the NI Act for condonation of delay for the simple reason that as per the case of the complainant itself as recited in para 6, the statutory notice was issued on 17.06.2020 and the same came to be served upon the applicant on 18.06.2020, thus, 15 days time is to be accorded for making the payment post service of demand and one month period would be the permissible period within which the complaint is to be lodged from the date of the cause of action. Submission is that here the complaint has been lodged in the month of August, 2020 i.e. on 07.08.2020 and taking into account 15 days statutory period and 30 days time within which the application ought to have been filed post lapsing of 15 days the date of filing of complaint is much beyond the statutory permissible limits He submits that the said aspect of the matter has not been considered by the court below. According to him, even there has been a manipulation in the words and the figures in the cheque. Thus, it is submitted that the summoning order be set aside, matter be remitted back to the court below to pass a fresh order. 6. Learned AGA, on the other hand, submits that the contention so sought to be raised have not been adverted to which has material bearing and as there are certain criteria which was to be taken into consideration before taking a decision to summon or not. He submits that the order dated 18.10.2023 be set aside. 7. I have heard the submission so made across the bar and perused the record carefully. 8. Apparently, as per the complaint itself the cheque stood dishonored on 19.05.2020 and a statutory notice was issued on 17.06.2020 which came to be served on 18.06.2020 upon the applicant and the complaint has been filed on 07.08.2020. Thus, the question would be whether the complaint was time barred or not. In view of the above discussion made hereinabove, the said aspect needs consideration at the first instance by the court below. However, so far as the argument which has been sought to be raised by the applicant that there has been manipulation in the cheque in figures is concerned, the same is a matter of defence which cannot be seen at the stage of summoning. Since the court below while summoning the applicant has not adverted to the core question regarding the delay, thus, the order dated 18.10.2023 passed in Complaint Case No. 1235 of 2023 is set aside, matter stands remitted back to the court below to pass a fresh order strictly in accordance with law. For facilitation, the order passed today be submitted before the court below by 30.05.2025. In any case, if opposite party no. 2 is aggrieved, it shall be open for him to file an appropriate application. 9. With the above observation, the application stands disposed of. Order Date :- 14.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad