Neutral Citation No. - 2025:AHC:76572 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16536 of 2025 Applicant :- Sajan Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Niladra Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J 1. Heard Sri Niladra Shekhar Singh, learned counsel for the applicant as well as Sri Moti Lal, learned A.G.A. for the State/O.P. No.1. 2. In view of the order, which is being proposed to be passed, notices are not being issued to O.P. No. 2. 3. This is an application filed under Section 528 of the B.N.S.S. for quashing the summoning order dated 18.9.2024 passed in Complaint Case No. 1815 of 2023, (Hemant Kumar Gupta Vs. Sajan Lal), under Section 138 of N.I. Act, P.S. Mehandawal, District Sant Kabir Nagar pending before the Court of Civil Judge (Junior Division/Judicial Magistrate, Sant Kabir Nagar. 4. Learned counsel for the applicant has submitted that on 18.6.2021 a complaint was preferred by the opposite party no.2 Annexire-2 at page 39 of the paper book reference whereof has been made in para 8 of the application with an allegation that with respect to certain business transactions in order to discharge the debt/liability, the opposite party no.2 had drawn a cheque bearing no.07956 dated 20.1.2021 of Rs.6,00,000/- and when the same was presented by the opposite party no.2 in his bank account on 29.3.2021, the same was dishonoured on 28.4.2021 information whereof was given by the bank to the opposite party no.2 thereafter a statutory notice came to be preferred by the opposite party no.2 on 4.5.2021 and with regard to non-payment of the said amount the complaint was preferred on 18.6.2021. 5. Learned counsel for the applicant has further invited the attention of the Court towards Annexure-3 at page 45 of the paper book reference whereof has been made in para 9 of the application so as to contend that post recording of statements the said complaint came to be dismissed under Section 203 of the Cr.P.C. being Complaint Case No.6960 of 2021, Hemant Kumar Gupta vs. Sajan Lal on 23.3.2022. 6. Learned counsel for the applicant submits that with respect to the dishonouring of a cheque bearing no.07956 dated 20.1.2021 when presented in the bank on 29.3.2021, the same stood dishonoured on 28.4.2021 and thereafter statutory notice was issued on 4.5.2021, the complaints stood preferred on 1.2.2023 which entailed summoning the applicant under Section 138 of the N.I. Act on 18.9.2024 in Complaint Case No.1815 of 2023, Hemant Kumar Gupta vs. Sajan Lal. He further submits that once with respect of the same cheque which is subject matter of the earlier complaint and the instant complaint post dishonour and issuance of a notice, the complaint stood dismissed under Section 203 of the Cr.P.C. on 20.3.2022 then in these circumstances the present complaint would not be maintainable at all. He also submits that even looking into the bare averments of the present complaint it will reveal that post dishonour of the cheque, the statutory notice has been stated to have been issued on 4.5.2001 but the complaint has been filed on 1.2.2023 after the statutory permissible period. Submission is that on both the counts the summons could not have been issued as there is no recital in the summoning order that there was any application for condonation of delay otherwise (though the maintainability of the complaint is not admitted) the delay has been condoned. It is thus submitted that the summoning order be set aside. 7. Learned AGA on the other hand on the basis of the averments made in the complaint as well as the averments made in the present application and the summoning order including the documents appended thereto could not dispute the said facts but according to him summoning order be set aside, matter be remitted back to the court below to pass a fresh order. 8. Looking to the facts and the circumstances of the case coupled with the issue which is being sought to be raised regarding dismissal of a complaint and the filing of the second complaint, non disclosure of the dismissal of the complaint and also in fact that the subject cheques is the same and the same statutory notice is also there and the argument that the complaint is time barred in the fitness of the matter, this Court feels it deem and appropriate to set aside the summoning order dated 18.9.2024 passed in Complaint Case No.1815 of 2023, Hemant Kumar Gupta Vs. Sajan Lal while remitting the matter back to the court below to pass a fresh order strictly in accordance with law taking into account the contention sought to be raised by the applicant. For disposal, the applicant shall submit a self attested copy of the present application along with certified copy of the order passed today before the court below by 30.5.2025 and the court below shall pass a order strictly in accordance with law after hearing the parties. 9. In any event, it will be open to the opposite party no.2 to file appropriate application if it aggrieved against the order passed today. 10. In view of above, the present application under section 528 of the BNSS stands disposed of. Order Date :- 12.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad