Neutral Citation No. - 2025:AHC:86534 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18433 of 2025 Applicant :- Ankit Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemlata Srivastava,Sandeep Kumar Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant as well as Sri Vikas Sharma learned State Law Officer for the State. 2. This is an application filed U/s 528 BNSS for quashing the complaint case no. 108965 of 2024 (Siddharth Tiwari vs. Ankit Srivastava) U/s 138 of N.I. Act, P.S. Chakeri, District Kanpur Nagar pending in the court of First Additional Civil Judge (J.D), Kanpur Nagar. 3. Learned State Law Officer has raised a preliminary objection while inviting attention of the Court towards annexure-5 page 134 onwards so as to contend that the applicant has not been summoned but only notices have been issued at a pre cognizance stage as per first proviso of Section 223 of the BNSS. He submits that it is always open for the applicant to appear and to set forward stand and once he is summoned then he has a cause of action to challenge the same in accordance with law. 4. Learned counsel for the applicant could not dispute the said fact. 5. Accordingly, no direction is required and the present application is consigned to record. Order Date :- 22.5.2025 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