Neutral Citation No. - 2025:AHC:124062 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22629 of 2025 Applicant :- Rajpal Opposite Party :- State of U.P. and another Counsel for Applicant :- Shaheen Baano, Shahnawaz Khan Counsel for Opposite Party :- G.A., Rahul Chaudhary Hon'ble Vikas Budhwar,J. 1. Heard Ms. Shaheen Baano, learned counsel for the applicant as well as Sri Vikas Sharma, learned State Law Officer for the State and Sri Rohit chaudhary (AoR A/R 1237/2024) holding brief of Sri Rahul Chaudhary for the opposite party no. 2. 2. This application u/s 528 of BNSS has been preferred to quash the entire proceedings as well as the impugned summoning order dated 08.10.2024 in Complaint Case no.4492 of 2024 (M/s Mahindra & Mahindra Financial Services Ltd. Vs. Rajpal), under Sections 138 of Negotiable Instruments Act, Police Station Hariparwat, District Agra pending in the court of learned Chief Judicial Magistrate, Court No.10, Agra. 3. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no. 2 in March, 2024 under Section 138 of the NI Act with an allegation that with respect to a financial assistance for purchasing a three wheeler, the applicant had issued a blank cheque which on presentation in the bank was dishonored. Learned counsel for the applicant submits that the cheques were by way of security, thus, they do not answer the description of debt and liability under Section 138 of the NI Act. Further submission is that entire payments were made and even the vehicle was towed, thus, no liability exist. 4. Learned State Law Officer and counsel for the opposite party no. 2 submits that the issue as to whether the cheque is a security cheque or not is a question of subject matter of trial. He seeks to rely upon the judgement of the Hon'ble Apex Court in the case of Sampelly Satyanarayan Rao vs Indian Renewable Energy Development Agency Limited 2016 (10) SCC 458 (2016) 10 SCC 458 and Hmt Watches Ltd vs M.A. Abida & Anr 2015 (11) SCC 776. 5. I have heard the submissions so made across the bar and perused the record carefully. 6. Apparently, a complaint stood lodged with respect to dishonor of a cheque of Rs. 1,35,000/-, the question as to whether the said cheque was made by way of security is a question 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. The question as to whether the vehicle stood towed and any amount was not due and not payable is a question of trial. 7. Accordingly, interference is declined, the application stands disposed of leaving it open to the applicant to contest the trial taking all legal and factual issues which are permissible and advisable under law and the Court has no reasons to disbelieve that the same shall be considered in accordance with law. Order Date :- 28.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad