Neutral Citation No. - 2025:AHC:110496 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 23677 of 2025 Applicant :- Jatin Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Yadav,Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Prashant Kumar Singh, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State. 2. This application under Section 528 Cr.PC. has been filed by the applicant to quash the summoning order dated 19.09.2015 and order dated 30.11.2024 passed by Additional Civil Judge (Junior Division), Court No.8, Kanpur Nagar as well as entire proceeding of Complaint Case No. 3314 of 2014 (Akhilesh Garg Vs Jatin Agarwal), under Section 138 N.I. Act, Police Station Govind Nagar, District Kanpur Nagar, pending in the court of Additiional Civil Judge (Junior Division), Court No.8, Kanpur Nagar. 3. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no.2 on 06.08.2014 under Section 138 N.I. Act with respect to dishonouring of a cheque which came to be drawn on behalf Rajendra Inforscons (India) Pvt. Ltd. in the capacity of the Director. The Court of A.C.J., Court No.24, (Senior Division), Lucknow issued summons and, thereafter, on 16.02.2019, the court at Lucknow transferred the said proceedings at Kanpur on the premise that it has no jurisdiction. 4. Learned counsel for the applicant submits that applicant has preferred a discharge application which came to be rejected on 30.11.2024. Submission of learned counsel for the applicant is that once cheque stood drawn on behalf of the company then the principles as enshrined under Section 141 of the N.I. Act, 1881 was come into play and the company is to be arraigned as one of the accused in absence of arraying company as one of the accused, the complaint is bound to fell. He submits that though, the discharge application is not maintainable but the court below could not have entered into merits also, however, he submits that the applicant shall be contesting trial taking all factual and legal grounds as the Court may be directed to consider in correct perspective. 5. Learned A.G.A, on the other hand, submits that it goes without saying that it is always open for the applicant to take all factual and legal ground. 6. Having heard submissions so made across the bar bearing in mind that discharge in the proceedings under Section 138 N.I. Act is not maintainable and also the fact that applicant seeks to contest the trial, thus, it is always open for the applicant to take all legal and factual grounds which are advisable and permissible under law and this Court has no reason to disbelieve that they would be considered in accordance with law. 7. With the aforesaid observations, application stands disposed of. Order Date :- 9.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad