Neutral Citation No. - 2025:AHC:86385 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17224 of 2025 Applicant :- Mohd Yunus Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Rai,Navneet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Navneet Kumar Mishra, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the order dated 11.03.2025 passed by Session Judge Ghazipur in Criminal Revision No.130 of 2025 (Mohd. Yunus Khan Versus State) as well as order dated 06.02.2025 passed by Additional Chief Judicial Magistrate, Ghazipur in Criminal Case No.5228 of 2012 (Mohd. Yunus Khan Versus Parvez Ahmad), Under Section 138 Negotiable Instrument Act, 1881, Police Station Kotwali, District Ghazipur.. 3. Learned State Law Officer has raised a preliminary objection regarding the maintainability of the present proceeding under Section 528 of BNSS on the count that against order dated 06.02.2025 passed in Complaint Case No.5228 of 2012 acquitting the accused in the proceedings under Section 138 of the N.I. Act, an appeal would lie before the High Court under Section 372 read with Sub-Section 4 and 5 of Section 378 of CrPC in view of the judgment in Application u/s 482 No. 3171 of 2016, Anil Kumar Agarwal vs. State of U.P. decided on 25.02.2020. 4. Learned counsel for the applicant does not dispute the said fact. 5. Accordingly the present application stands dismissed as not maintainable. However, liberty is accorded to the applicant to take appropriate proceeding as permissible under law. 6. At this stage, learned counsel for the applicant submits that the appeal would become time barred, as such the court below be directed to condone the delay. 7. In the opinion of the Court, once an appeal is being preferred, then it is always open for the applicant to show bonafide ground as available and permissible under law including the fact that he is pursuing the remedy before wrong forum. Order Date :- 22.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad