Neutral Citation No. - 2025:AHC:106804 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16853 of 2025 Applicant :- Mahendra Kumar Vaddineni And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Vajpeyi,Pranav Tiwary Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Manish Tiwary, learned Senior Counsel assisted by Sri Pranav Tiwary and Sri Anurag Vajpeyi, learned counsel for the applicants that though the present application under Section 528 of BNSS has been preferred for quashing the summoning order dated 29.01.2013 passed by passed by the A.CJ.M-III, Gautam Budh Nagar as well as the entire proceedings of Complaint Case No. 759 of 2022 (initially numbered as 1563 of 2012) (M/s Agile Enterprises Inc. v. Victory Electrical Ltd. & Ors.), under Section 138 of N.I. Act, P.S. Noida Sector 20, District Gautam Budh Nagar, however the entire claim set up by the O.P. No.2/ Company is baseless besides being not supported by any provisions of law, as the Company was incorporated on 26.04.2013 and the complaint was lodged on 16.11.2012 with respect to commission of offences under Section 138 of N.I. Act, however, as per the instructions, the present application be dismissed as withdrawn with liberty to the applicant to raise all legal and factual grounds which are permissible under law before the court below. Learned Senior Counsel submits that whatever grounds are being sought to be raised may be directed to be decided by the court below. 2. Learned A.G.A. has no objection to the same. 3. Accordingly, the application is consigned to record. 4. In the opinion of the Court once the grounds, which are legal and tenable in the eyes of law are raised, then this Court has no reason to disbelieve that the same shall be decided in accordance with law. Order Date :- 8.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad