HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22737 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Supplementary Affidavit filed today is taken on record. 2. Heard Sri Virendra Singh, learned counsel for the applicant as well as Sri S.K. Singh, learned A.G.A. for the State. 3. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 26.8.2022 passed by Civil Judge (Senior Division)/F.T.C./Addl. Chief Judicial Magistrate, Azamgarh as well as entire proceeding of Complaint case no. 184/2022 (Rajendra Prasad Rai Vs. Raj Kumar Rai), u/s 138 N.I. Act, P.S. District Bardah, Azamgarh (present Complaint Case no.188/2024) pending in the court of Civil Judge (Senior Division)/F.T.C./Addl. Chief Judicial Magistrate, Azamgarh. 4. The case of the applicant is that a complaint stood lodged on 29.01.2022 by the O.P. No.2 under Section 138 of N.I. Act against the applicant with an allegation that with respect to discharge of a liability, the applicant herein had drawn a cheque bearing number "188070" dated 26.07.2021 for an amount Rs.1,80,000/-, which on presentation before the bank came to be dishonoured on 9.09.2021 followed by a statutory demand notice and a complaint on 29.01.2022 and thereafter the applicant came to be summoned on 26.08.2022 under Section 138 of the N.I. Act. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for the simple reason that the applicant was at no point of time was served with the statutory demand notice. There is no recital in the complaint regarding Versus Counsel for Applicant(s) : Abhai Singh, Virendra Singh Counsel for Opposite Party(s) : G.A. Rajkumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the date on which statutory demand notice came to be issued. He submits that there is a clear cut infraction of the provisions contained under Sections 138/142 of the N.I. Act and in absence of the issuance of statutory demand notice, the complaint is bound to fail. He submits that though the applicant has obtained bail and contesting the matter, a direction be issued to the court below to consider the objection which would be raised by the applicant while contesting the trial. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions so made across the Bar and bearing in mind that the applicant had already put in appearance, thus it shall be open for the applicant to raise all the legal and factual issues including the fact that there is no recital of the issuance of statutory demand notice either in the complaint or in the statement under Sections 200 CrPC and this Court has no reason to disbelieve that the court below shall consider the same in correct perspective. 6. With the aforesaid observation, the application stands disposed of. September 10, 2025 N.S.Rathour NA528 No. 22737 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad