Neutral Citation No. - 2025:AHC:83203 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17653 of 2025 Applicant :- Sheltor Care India Pvt. Ltd. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sandeep Mishra, learned counsel for the applicant as well as Sri Pankaj Rai, learned State Law Officer 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 BNSS for quashing the entire proceedings including the summoning order dated 2.4.2024 in Complaint Case No.149036 of 2023, (Anand Saxena Vs. Sheltor Care India Pvt. Ltd.), under Section 138 of N.I. Act, P.S. Kakadev, District Kanpur Nagar pending in the court of A.C.J. (J.D.)-1st, Kanpur Nagar. 4. The case of the applicant is that a complaint has been lodged by the opposite party no.2 on 10.10.2023 against the applicant under Section 138 of the N.I. Act with an allegation that with respect to arrears of rent three cheques bearing no.097031 dated 10.6.2023, 097032 dated 10.7.2023 and 097033 dated 10.8.2023 of Rs.40,000/- each was drawn, however, the same when presented in the bank was dishonoured on 8.9.2023. Thereafter, on 10.10.2023 the complaint has been lodged under Section 138 of the N.I. Act. On 2.4.2024 the applicant has been summoned under Section 138 of the N.I. Act by 1st Additional Civil Judge (J.D.), Kanpur Nagar, in Complaint Case No.149036 of 2023, (Anand Saxena Vs. Sheltor Care India Pvt. Ltd.). 5. Learned counsel for the applicant has submitted that the summoning order cannot be sustained even for a single moment for more than one reason. Firstly, as per the assertions contained in para 6 and 7 of the complaint dated 10.10.2023, three cheques of Rs.40,000/- each bearing no.097031 dated 10.6.2023, 097032 dated 10.7.2023 and 097033 dated 10.8.2023 which was presented in the bank on 6.9.2023 was dishonoured on 8.9.2023. Similarly, statement under Section 202 of the Cr.P.C. of the opposite party no.2 dated 5.12.2023 page 18 onwards itself shows that in para 3, the said cheques which are of Rs.40,000/- were bearing no.097031 dated 10.6.2023, 097032 dated 10.7.2023 and 097033 dated 10.8.2023 of Rs.40,000/- each which stood dishonoured on 6.9.2023. 6. Interestingly, in para 5 of the complaint dated 10.10.2023 and para 7 of the statement under Section 200 Cr.P.C., the statutory notice which is stated to have been issued is dated 22.8.2023. As a matter of fact, it is highly improbable and inconceivable that a statutory notice would be issued with relation to dishonouring of the cheque on a date which is anterior to the dishonouring of the cheque. 7. Further annexure-4 at page 27 onwards reference whereof has been made in para 10 of the application itself shows that the statutory notice is dated 22.8.2023 which even in fact takes note of an another cheque of Rs.40,000/- bearing no.09370. 8. Thus, apart from the same, the summoning order depicts that the cheque bearing no.097031 dated 10.8.2023 whereas the actual date is 10.6.2023. Likewise cheque no.097032 is shown to be dated 10.8.2023 whereas the date of the cheque is 10.7.2023. 9. Interestingly, the aforesaid two aspects of the matter which goes to the root being fundamental and core which have not been adverted to which was a mandatory requirement under Sections 138 and 142 of the N.I. Act. Since the summoning order has been passed in a mechanical manner without adverting the said fact and issues which is apparent from the face of the complaint and summoning order, thus the summoning order dated 2.4.2024 passed in Complaint Case No.149036 of 2023, (Anand Saxena Vs. Sheltor Care India Pvt. Ltd.), by A.C.J. (J.D.)-1st, Kanpur Nagar is set aside, matter stands remitted back to the court below to pass a fresh order. For facilitation of early disposal, the applicant shall submit a certified copy of the order before the court below by 30.05.2025. 10. Accordingly, the application stands disposed of. 11. The instruction filed today is taken on record and marked as Appendix-A. Order Date :- 19.5.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad