Neutral Citation No. - 2025:AHC:124061 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22584 of 2025 Applicant :- Fateh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahipal Singh Counsel for Opposite Party :- G.A.,Pankaj Dwivedi Hon'ble Vikas Budhwar,J. 1. Heard Sri Rahul Kumar Sharma, learned counsel for the applicant as well as Sri Vikas Sharma, learned State Law Officer for the State and Sri Pankaj Dwivedi for the opposite party no. 2. 2. This application u/s 528 of BNSS has been preferred to quash the entire criminal proceeding arising out of impugned order dated 15.10.2024 passed by Learned Additional Chief Judicial Magistrate, Court No.10 Agra in complaint case no. 665 of 2022 (Surendra Singh Vs. Fateh Singh) under section 138 N.I. Act, police station Shahganj, District Agra and order dated 16.05.2025 passed by Learned Additional District And Session Judge, Court No. 14 Agra in Criminal revision no. 992 of 2024 (Fateh Singh Vs. State of U.P. and another) under section 138 N.I. Act, police station Shahganj, District Agra as well as summoning order dated 07.06.2022 passed by Learned Special Chief Judicial Magistrate, Agra in complaint case no. 665 of 2022 (Surendra Singh Vs. Fateh Singh) under section 138 N.I. Act, police station Shahganj, District Agra. 3. Learned counsel for the applicant has submitted that the complaint was lodged by the opposite party no. 2 on 13.01.2022 under Section 138 of the NI Act with an allegation that with respect to discharge of liability a cheque bearing no. 000040 dated 20.10.2021 for an amount of Rs. 1,06,200/- came to be drawn which on presentation in the bank on 20.10.2021 was dishonored on 01.11.2021 followed by statutory demand notice dated 30.11.2021 and the complaint on 13.01.2022 pursuant whereto the applicant came to be summoned on 07.06.2022, a revision also came to be preferred and also discharge application before the court below. Learned counsel for the applicant submits that there is no legally enforceable debt or liability so attached so as to invoke the provisions of Section 138 of the NI Act particularly when on 13.10.2021, a registered notice was issued to the opposite party no. 2 regarding handing over the cheque to the applicant and even the said cheque stood was prone to be mis-utilized to the applicant also got this payment done. At this stage, learned counsel for the applicant submits that breathing time be accorded to the applicant to file recall application for recalling of the non bailable warrants 4. Learned State Law Officer as well as counsel for the opposite party no. 2, on the other hand, submits that once the cheque stood drawn then the presumption under Section 138 of the NI Act would be there. 5. I have heard the submissions so made across the bar and perused the record carefully. 6. The sole question which arises for determination in the present proceedings is the extent of judicial intervention at this stage. Apparently, a cheque stood drawn which was dishonored the question as to whether, which was a cheque issued in advance or a security cheque is subject matter of trial in M/s Womb Laboratories Pvt. Ltd. vs Vijay Ahuja 2022 (18) SCC 631 and in Sunil Todi vs. the State of Gujarat 2022 (16) SCC 762,. Further the issue as to whether the cheque was prone to be mis- utilized and the stop payment was made is also a subject matter of trial. 7. Accordingly, interference is declined, the application stands disposed of directing the applicant to submit an application for recalling of the non-bailable warrants by 08.08.2025 and on the said motion, the court below shall decide the same strictly in accordance with law with most expedition. 8. Till the disposal of the recall application seeking recall of the non-bailable warrants, no coercive action shall be taken against the applicant in the operation of impugned order dated 15.10.2024 passed by Learned Additional Chief Judicial Magistrate, Court No.10 Agra in complaint case no. 665 of 2022 (Surendra Singh Vs. Fateh Singh) under section 138 N.I. Act, police station Shahganj, District Agra and order dated 16.05.2025 passed by Learned Additional District And Session Judge, Court No. 14 Agra in Criminal revision no. 992 of 2024 (Fateh Singh Vs. State of U.P. and another) under section 138 N.I. Act, police station Shahganj, District Agra as well as summoning order dated 07.06.2022 passed by Learned Special Chief Judicial Magistrate, Agra in complaint case no. 665 of 2022 (Surendra Singh Vs. Fateh Singh) under section 138 N.I. Act, police station Shahganj, District Agra. 9. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. 10. It is is open for the applicant to contest the said proceedings taking all legal and factual grounds and this Court has no reasons to disbelieve that the same shall be decided in accordance with law. Order Date :- 28.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad