Neutral Citation No. - 2025:AHC:121343 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25065 of 2025 Applicant :- Sunil Kumar Singh Authorized Of M/S Shiv Shakti Infravision Private Limited Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Pratap Singh,Vaibhav Goswami Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Vaibhav Goswami, learned counsel for the applicant and Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the order dated 03.06.2019 passed by the learned Additional Court, Room No.1, Gautam Budh Nagar, whereby the learned court below summoned the applicant under section 138 Ν.Ι. Act and consequential order dated 29.08.2019 which still continues, as the learned court below issued Bailable Warrant against the applicant as well as entire proceeding of Complaint Case No.4678/2018 (New Complaint Case No.145/2019) “Rajesh Gupta Vs. M/s. Shiv Shakti Infravision Private Limited and another" Under Section 138 N.I. Act, pending in the court of Additional Court No.2, Gautam Budh Nagar. 3. Learned counsel for the applicant has submitted that a complaint under Section 138 of N.I. Act was lodged by O.P. No.2 against the applicant on 06.09.2018 and post-dishonouring of a cheque bearing number "14009" of Rs.20,90770/- dated 01.05.2018, a statutory demand notice was issued on 26.07.2018 and a complaint under Section 138 of N.I. Act, applicant came to be summoned on 03.06.2019 under Section 138 of N.I. Act. Since the address so mentioned in the complaint was incorrect, so the complainant preferred an application for correcting the address, pursuant whereto summons were served upon the applicant and the applicant had put in appearance through counsel. Learned counsel for the applicant has invited the attention of the Court towards para-11 so as to contend that the applicant is suffering from paralysis and he has preferred an applicant under Section 205 of CrPC for dispensing with the personal attendance of the accused, which according to the learned counsel for the applicant has apparent from page-77 being order-sheet dated 06.11.2023, is pending. Learned counsel for the applicant submits that a direction be issued to the court below to decide the same. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions so made across the Bar and the stand taken therein, the application stands disposed of directing the applicant to file a self-attested copy of the present application, certified copy of the order before the court below and the court below shall decide the application under Section 205 CrPC, which shall be considered as per law, if already not decided. Order Date :- 24.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad