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2025 DAILYLAW 50220 (ALL)

DINESH KUMAR SHARMA v. STATE OF U.P. AND ANOTHER

NA528/16294/2025 · 2025-05-15

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81595 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16294 of 2025 Applicant :- Dinesh Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar,Shamasul Eslam Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shamasul Eslam, learned counsel for the applicant as well as Sri K.K. Vishwakarma, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the summoning order dated 22.10.2010 passed by Metropolitan Magistrate, Room No.3, Kanpur Nagar as well as entire proceeding of Complaint Case No.434 of 2010 (Prahlad Chandra Saxena Vs. Dinesh Sharma) under Section 138 Negotiable Instrument Act, Police Station - Sisamau, District - Kanpur Nagar pending before the Court of Additional Civil Judge (J.D.)-II, Kanpur Nagar. 3. Learned counsel for the applicant has submitted that a complaint stood lodged by the opposite party no. 2 relatable to the dishonoring of a cheque of Rs. 25,000/- bearing no. 153044 and thereafter, the applicant has been summoned on 22.10.2010. Learned counsel for the applicant submits that there is no enforceable debt or liability against the applicant and further there has been procedural infirmity under Section 138 read with Section 142 of the NI Act. 4. Sri Vishwakarma, learned AGA, on the other hand, submits that the summoning order is of 22.10.2010 and the present application has been preferred on 23.04.2025 after approximately 15 years. He submits that not only bailable, non-bailable warrants but proceedings under Section 82 an 83 has been initiated. He, thus, submits that too late of the day to interfere 5. I have heard the submission so made across the bar and perused the record carefully. 6. In the opinion of the Court, once a summoning order stood issued on 22.10.2010 and whatever might be the reasons, this Court is not required to interfere. Even otherwise, it is open for the applicant to contest the proceedings and take all factual and legal defences and the Court has no reasons to disbelieve that the same shall be considered strictly in accordance with law as per Section 143(3) of the NI Act. 7. Accordingly, interference is declined, the application stands disposed of. Order Date :- 16.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad