Neutral Citation No. - 2025:AHC:63447 Court No. - 73 Case :- APPLICATION U/S 482 No. - 922 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Omvir Singh Rajpoot Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Omvir Singh Rajpoot, learned counsel for the applicant as well as Sri Indrajeet Singh Yadav, learned A.G.A. 2. This is an application under Section 482 of CrPC preferred by the applicant for quashing the summoning order dated 18.11.2024 passed by Additional Court, Muzaffarnagar in Complaint Case No. 16612 of 2024 (M/S Heritage Organics Versus M/S Balaji Traders House and another) Under Section-138 of N.I. Act, 1881, P.S. Nai Mandi, District-Muzaffarnagar. 3. Learned counsel for the applicant has submitted that a complaint stood lodged by O.P. No.2 on 29.08.2024 against the applicant with an allegation that a cheque for an amount of Rs.1,85,918/- bearing number "000948" of 31.03.2024 stood dishonoured on 29.06.2024. A statutory demand notice was also issued on 08.07.2024 served upon the application on 19.07.2024, reply whereof was submitted on 23.07.2024 and the complaint was preferred on 25.08.2024. Learned counsel for the applicant has submitted that there happens to be business relationship between the applicant and O.P. No.2. He further submits that since certain payments were made in excess what was to be paid and thus the stop payment was made and thus no legally enforceable debt or liability stands there. 4. Learned A.G.A. on the other hand submits that whatever might be there, the presumption lies under Section 139 of the N.I. Act. 5. Having considered the submissions made across the Bar, the Court finds that once a cheque has been issued and the factum of issuance of the cheque is not being disputed, then whether the amount was paid in excess or not which became the factor for dishonouring of the cheque is a matter, which is to be seen at the time of trial and not at this stage. 6. At this stage, learned counsel for the applicant submits that he be permitted to file application for enlargement of bail before the Court below. Accordingly, the application is consigned to record while observing that in case, such an application is preferred before the court below, then this Court has no reason to disbelieve that the same shall be decided with most expedition subject to legal impediment strictly in accordance with the law of the land. Order Date :- 25.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad