Neutral Citation No. - 2025:AHC:114400 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20553 of 2025 Applicant :- Ruhel Tehre Alias Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Dharmendra Kumar Pandey learned counsel for the applicant and Sri Pankaj Kumar Rai learned State Law Officer for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the entire proceeding of Complaint Case no. 53 of 2024 (Abdul Kuddus Siddiqui Vs. Ruhel Tehre @ Chhotu) under Section 138 N.I. Act, Police Station Kotwali City, District Mirzapur (U.P.) as well as summoning order dated 4.5.2024 passed by Additional Civil Judge (Junior Division) Court no. 6, Mirzapur. 3. Learned counsel for the applicant has submitted that on 15.3.2024 a complaint stood lodged under Section 138 of the N.I. Act with an allegation that the applicant with respect to discharge of his liability had drawn four cheques of Rs.1,25,000/- the amount settled between the parties and on presentation of the said cheques the same came to be dishonoured on 31.1.2024 followed by a statutory demand notice and the complaint. He further submitted that the said cheques were forcefully signed in the police station and thereafter snatched away for being misutilized. He has also submitted that even the applicant has made substantial payment. 4. Learned State Law Officer on the other hand submits that whatever arguments are being raised they are on factual issues being defences consideration whereof does not arise. 5. I have heard the submissions so made across the bar and perused the record carefully. Apparently, the cheques stood drawn which came to be dishonoured the question as to whether what was the reason of issuance of the cheques and whether it was by applying force or not and unwillingly is a question of trial. Moreover, once the cheques stood drawn which stood dishonoured then the presumption under Section 138 of the N.I. Act would be there. 6. Accordingly, interference is declined, application stands disposed of leaving it open to the applicant to raise all legal and factual issues before the court below while contesting the trial and this Court has no reasons to disbelieve that the same shall be considered in accordance with law. Order Date :- 16.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad