Neutral Citation No. - 2025:AHC:121657 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22734 of 2025 Applicant :- Avnish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Azhar Hussain, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State. 3. This application u/s 528 of BNSS has been preferred to set aside the impugned summoning order-dated 29.10.2024 passed by then Ld Additional Chief Judicial Magistrate, Shikohabad, Firozabad and consequently, seeking quashing of the entire impugned criminal proceedings of Complaint Case No. 32064 of 2024 u/s 138 NI Act, PS Shikohabad, District Firozabad (Vijay Kumar Vs Avnish Kumar), pending currently in the court of Ld Additional Chief Judicial Magistrate, Shikohabad, Firozabad. 4. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no. 2 on 29.03.2024 with an allegation that with respect to discharge of a liability, the applicant herein had drawn a cheque bearing no. 096011 dated 17.11.2023 of Rs. 3,83,000/- which on presentation in bank stood dishonored on 08.01.2024 followed by a statutory demand notice dated 03.02.2024 and the complaint under Section 138 on 29.03.2024 and thereafter the applicant came to be summoned under Section 138 on 29.10.2024. Learned counsel for the applicant submits that there is no legal debt or liability so as to invoke the provisions of Section 138 of the NI Act for the simple reason that the said cheque stood forcefully snatched on 24.11.2023 by the opposite party no. 2 for which a first information report bearing no. 0365 of 2023 came to be lodged by the applicant on 26.11.2023 under Sections 147, 148, 323, 324, 308, 427, 504, 506 IPC. Learned counsel for the applicant submits that a charge sheet has also been submitted. He further submits that the said fact has also been disclosed in the reply to the statutory demand notice which has not been referred to in the complaint. 5. Learned State Law Officer, on the other hand, submits that once the cheque stood drawn then the presumption would be under Section 139 of the NI Act, he further submits that whatever the arguments has been sought to be raised are matter of trial. 6. Having heard the submission so made across the bar and perused the record carefully. 7. The sole question which arises for determination is the extent of judicial intervention at this stage. Apparently, a cheque is alleged to have been drawn by the applicant on 17.11.2023 which came to be dishonored 08.01.2023 followed by a statutory demand notice dated 03.02.2024 and the complaint on 29.03.2024. The question as to whether the cheque was forcefully snatched away and mis- utilized post lodging of the first information report on 24.11.2024 and submission of the charge sheet is a subject matter of trial and the same would not be a factor germane for testing the summoning order at best, the effect and the impart of the first information report regarding snatching away of the cheque and mis-utilizing the same is a subject matter of trial whose velocity and strength is to be adjudged when the trial commences. Moreover, presumption under Section 139 of the NI Act is already there. At this stage, learned counsel for the applicant seeks compounding under Section 147 of the NI Act in light of judgment passed in the case of Damodar S. Prabhu Vs Sayed Babalal AIR 2010 SC 1907. 8. Accordingly, interference is declined, the application stands disposed of granting liberty to the applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 08.08.2025 and on the submission of the same, the court below shall decide the same within 45 days and, in case, such proceeding is preferred before the court concerned, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Damodar S. Prabhu (supra). 9. Till the application is decided, no coercive action shall be taken against the applicant with respect to summoning order-dated 29.10.2024 passed by then Ld Additional Chief Judicial Magistrate, Shikohabad, Firozabad and entire impugned criminal proceedings of Complaint Case No. 32064 of 2024 u/s 138 NI Act, PS Shikohabad, District Firozabad (Vijay Kumar Vs Avnish Kumar), pending in the court of Ld Additional Chief Judicial Magistrate, Shikohabad, Firozabad. 10. 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. Order Date :- 24.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad