Neutral Citation No. - 2025:AHC:91111 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19280 of 2025 Applicant :- Sanjeev Kumar Diwedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidhu Bhooshan Shukla,Vivek Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Vivek Kumar Mishra learned counsel for the applicant as well as Sri Indrajeet Singh Yadav, learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the BNSS has been filed by the applicant to quash the entire proceedings as well as summoning order dated 12.10.2021 passed by the learned Judicial Magistrate-I, Mahoba under Section 138 Ν.Ι. Act arising out of Complaint Case No. 656 of 2021 Computer No. 5362 of 2021 (Vikas Dwivedi Vs. Sanjeev Kumar Dwivedi) under Section 138 N.I. Act Police Station Kotwali, District Mahoba. 3. Learned counsel for the applicant has submitted that on 12.10.2024 a complaint was lodged under Section 138 of the N.I. Act against the applicant wherein the allegation is that with respect to a family settlement in order to relinquish the share of an amount of Rs.10 lakh was to be paid to the opposite party no.2 by the applicant, however, after enormous pressure and persuasion a cheque of Rs.10 lakh was drawn which on presentation in the bank was dishonoured on 2.9.2021 followed by a statutory demand notice and a complaint pursuant whereto the applicant has been summoned on 12.10.2021. He has further submitted that there is no legal enforceable debt or liability so accrued in that regard as admittedly the opposite party no.2 is itself staying in the house in that regard as the said agreement could not be enforced. 4. Learned AGA on the other hand submits that the summoning order is of the year 12.10.2021 and even in fact the cross- examination has also been done and the proceedings are underway. 5. I have heard the submissions so made across the bar and perused the record carefully. Importantly the summoning order is dated 12.10.2021 which is being sought to be challenge in the year 2025 after approximately four years. Further the documents show that the proceedings are underway and the statements have also been recorded. Thus, the Court does not find it to appropriate to interfere at this stage. Moreover, it is open for the applicant to contest the matter on merits. 6. Accordingly, the application stands disposed of. 7. Passing of this order may not be construed that this Court has adjudicated the matter on merits. Order Date :- 28.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad