Neutral Citation No. - 2025:AHC:114575 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22253 of 2025 Applicant :- M/S Goyal Industries Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri A.K. Mishra, learned counsel for the applicant as well as Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. This application u/s 528 of BNSS has been preferred to quash the entire proceedings of Complaint Case No. 81/IX/2014(New No. Crl. Summon Case No. 191059/2016 (Rajveer Singh Vs. Atul Goel), U/s 138 N.I. Act, P.S. Kotwali, District Mathura, pending in the court of Presiding Officer/Addl. Court, Mathura. 3. Learned counsel for the applicant has submitted that a complaint was lodged in April, 2014 by the opposite party no. 2 against the applicant with an allegation that with respect to the transfer of a plot of land of UP SIDC certain amount was settled and three cheques being of Rs. 3,25,000/-, 2,00,000/- and 5,25,000/- came to be drawn by the applicant when the amount was sough to be refunded which became dishonored thereafter, on 27.01.2014 a cheque came to be drawn of an amount of Rs. 10,50,000/- which was dishonored with the remark "over writing" followed by another cheuqe on 19.03.2014 bearing no. 060014 which was dishonored on 21.03.2014 of an amount of Rs. 10,50,000/- followed by statutory demand notice dated 31.03.2014 and the summoning of the applicant on 31.07.2014 under Section 138 of the NI Act. Learned counsel for the applicant submits that first of all, the cheque stood drawn on behalf of Goyal Industries which is a partnership firm, thus, the Goyal Industries ought to have been arraigned as an accused though the applicant in individual capacity has been arraigned as an accused. He further submits that no legal debt or liability accrues so as to attract the provisions of Section 138 of the NI Act. 4. Learned State Law Officer, on the other hand, submits that the summoning order is of the year 2014 dated 31.07.2014 and the present application has been presented on 10.06.2025 approximately 11 years have passed so this Court may not interfere at this stage. Learned counsel for the applicant submits that the proceedings are underway and the applicant has already put in appearance and contesting the matter. He submits that the present application be disposed of granting liberty to the applicant to take legal and factual grounds before the court below. 5. Having heard the submissions so made across the bar as well as the statement and stand taken by learned counsel for the applicant which is not objected by the opposite party no. 2, the application stands disposed of leaving it open for the applicant to take all legal and factual grounds which are permissible under law while contesting the proceedings and this Court has no reasons to disbelieve that the same shall be decided in accordance with law. Order Date :- 16.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad