Neutral Citation No. - 2025:AHC:75511 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15086 of 2025 Applicant :- Mohd. Abdul Saeed Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Arun Kumar Gupta, learned counsel for the applicant as well as Sri Pankaj Kumar Rai, State Law Officer for the State. 2. This is an application filed U/s 528 BNSS for quashing the entire criminal proceeding as well as the impugned summoning order dated 12.11.2021 passed by the Addl. Chief Judicial Magistrate IIIrd, Shahjahanpur in complaint case no. 1248 of 2019 (Jameel Husain vs. Mohd. Abdul Saeed Khan) U/s 138 of N.I. Act, P.S. Sadar, District Shahjahanpur. 3. Learned counsel for the applicant submitted that a complaint was lodged by the opposite party no.2 against the applicant relatable to the commission of the offence under Section 138 of N.I. Act when a cheque dated 20.09.2019 of an amount of Rs. 2.5 lac was dishonoured on 21.09.2019, a statutory demand notice was issued on 03.10.2019 and on 15.11.2019 the complaint was preferred. The applicant was summoned on 12.11.2021. However, now bailable warrants have been issued. Learned counsel for the applicant submits that first of all the amount which was taken by the applicant from the opposite party no.2 was Rs. 25,000/- however, the cheque has been manipulated wherein in place of Rs. 2,25,000/- lac. It has been made Rs. 2,25,000/-. Learned counsel for the applicant submits that though the complaint has been preferred by the opposite party no.2 but the statement/ affidavit of another person in support thereof. 4. Learned State Law Officer submits that the applicant approached this Court after a delay of four years and further now warrants have been issued and it is for the applicant to face the trial and take all legal and factual contentions in that regard. 5. Having heard the submission so made across the bar. The sole question which arises for determination is the stage of interference in the present proceedings. Apparently, the complaint stood lodged on 15.11.2019 relatable to the dishonouring of a cheque and commission of the offence U/s 138 of N.I. Act. The proceedings are underway since 2021 when the summoning order has been passed and in the month of April 2025, the present application has been filed. 6. Looking into the facts that already the proceedings is going on, it would be just and proper for this Court not to interfere at the stage. However, leaving it open for the applicant to take all legal and factual contentions and this Court has no reasons to disbelieve that the same shall be considered with correct perspective. 7. With the aforesaid observation, the present application is disposed of. Order Date :- 8.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad