Neutral Citation No. - 2025:AHC:70754 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14276 of 2025 Applicant :- Kiran Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh,Gaurav Suryavanshi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri D.K. Singh, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 19/11/2024 passed by Additional Chief Judicial Magistrate, Court No. 12, Azamgarh in Complaint Case no. 773 of 2024 under section 138 N.I. Act, P.S. Mubarakpur, District Azamgarh. 3. Learned A.G.A. at the very outset has raised a preliminary objection regarding the maintainability of the present proceedings on the ground that though a complaint stood preferred by O.P. No.2 against the applicant under Section 138 of N.I. Act, but by virtue of the order dated 19.11.2024, the applicant has only been put to notice for granting opportunity to set forward her stand in terms of proviso to Sub-Section 223 before summoning the applicant in case the case is made out. 4. Learned counsel for the applicant could not dispute the said fact. Since only notices have been issued seeking reply of the accused applicant, at a pre-summoning stage, thus the present application is not maintainable. No cause of action has arisen. Once the applicant is summoned or any action is taken, it shall be open for the applicant to again approach this Court. 5. With the said observations, the application stands disposed of. Order Date :- 5.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad