Neutral Citation No. - 2025:AHC:81162 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16050 of 2025 Applicant :- Irfan Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Farhan Khan,Rahil Anwar,Saqib Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Mr. Saqib Ahmad, learned counsel for the applicant as well as Sri S.P. Singh, learned State Law Officer for the State. 2. This is an application filed U/s 528 BNSS for quashing the summoning order dated 19.01.2023 passed by learned Additional Civil Judge (J.D.) II/ J.M. Ballia in complaint case no. WSCC/3488 of 2022 (Manoj vs. Irfan) U/s 138 of N.I. Act, P.S. Kotwali, District Ballia pending in the court of Additional Civil Judge (J.D.) II/ J.M. Ballia. 3. Learned counsel for the applicant has submitted that a complaint was lodged by opposite party no.2 against the applicant U/s 138 of N.I. Act on 21.06.2022 with an allegation that with respect to a certain transaction, the applicant had drawn a cheque bearing no. 000004 for an amount of Rs. 1 Lac and when the same was presented in the bank, it was dishonoured on 13.05.2022. A statutory notice was issued on 20.05.2022 followed by a complaint on 21.06.2022. Thereafter, the applicant has been summoned on 19.01.2023. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for a single moment particularly when the said cheque stood lost and a complaint was also lodged on 21.03.2022 before the bank as apparent from page 59 of the paper book. Thus there is no legal enforceable debt or liability attracted against the applicant. He submits that no complaint was maintainable and in case the complaint was filed, the same was bond to fall. 4. Learned AGA on the other had submits that once a cheque has been drawn, then the presumption U/s 139 of N.I. Act would always be there in favour of the holder. 5. Having heard the submission so made across the bar and after perusal the record. The sole which arises for determination is the extent of judicial intervention at this stage. Apparently, a cheque stood drawn for an amount of Rs. 1 lac which was stood dishonoured. The theory so sought to be propounded by the applicant that the cheque stood lost and it was misused, is not convincible at this stage particularly when presumption the presumption U/s 139 of N.I. Act is always there and the complaint is stated to have been lodged on 21.03.2022 whereas the cheque is dated 02.03.2022. So far as the contention sought to be made that there was a mismatched in the signature, the same is a matter of trial which cannot be gone into at this stage in the present proceeding. Accordingly, no good ground is made to interfere at this stage and whatever arguments are being sought to be raised, they are being matter of defences, consideration whereof would only arise when the trial commences when a decision is to be taken whether the accused is to be acquitted or convicted. 6. However, at this stage, learned counsel for the applicant submits that he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907. 7. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 31.05.2025 and the same shall be decided with most expedition preferably within a period of 45 days in terms of the judgment passed in Damodar S Prabhu (supra). 8. Till application is decided, no coercive action shall be taken against the applicant with respect tosummoning order dated 19.01.2023 passed by learned Additional Civil Judge (J.D.) II/ J.M. Ballia in complaint case no. WSCC/3488 of 2022 (Manoj vs. Irfan) U/s 138 of N.I. Act, P.S. Kotwali, District Ballia pending in the court of Additional Civil Judge (J.D.) II/ J.M. Ballia. 9. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 15.5.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad