Neutral Citation No. - 2025:AHC:115488 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 24108 of 2025 Applicant :- Ravi Kumar Rastogi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhai Singh,Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Virendra Singh, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 5.4.2018 passed by Addl. Chief Judicial Magistrate- I, Meerut in Complaint case no. 92/2018 (M/s Balaji Engineers Vs. M/s Aarvans CC Infra Pvt. Ltd. and others), u/s 138 N.I.Act P.S. Nauchandi, District Meerut (Present No.22939/2022). 3. Learned counsel for the applicant has submitted that a complaint was lodged by O.P. No.2 on 20.01.2018 under Section 138 of the N.I. Act against the Company, M/s Aarvanss CC Infra. Pvt. Ltd. arraigning the Directors also including the applicant with an allegation that with respect to discharge of a liability cheque bearing number "997645" dated 13.08.2017 of an amount of Rs.98,000/- stood drawn, which came to be dishonoured on 03.11.2017. Thereafter statutory demand notices were issued followed by a complaint and a summoning order dated 05.04.2018 summoning the applicant. Learned counsel for the applicant while inviting attention towards the cheque, which is at page-28 submits that the said cheque was issued for the Company by its two directors, namely Sri Alok Rastogi and Sri Anurag Garg and not by the applicant. Learned counsel for the applicant further submits that there is no service of the statutory demand notice, reference has been made to para-15 of the applicant and further according to the learned counsel for the applicant, the company itself became defunct in the year 2016, and attention has been invited towards para-11. Learned counsel for the applicant submits that once the applicant is non-signatory, then no liability can be fastened and further no legal enforceable debt or liability is there. 4. Learned State Law Officer on the other hand submits that the summoning order happens to be dated 05.04.2018 and the present application has been presented before this Court on 30.05.2025. He submits that it is for the applicant to contest the trial by taking all legal and factual grounds. 5. Having heard the submissions so made across the Bar, the sole question which arises for determination in the present proceedings would be the extent of judicial intervention. The summoning order dated 05.04.2018 and the present application has been presented before this Court in the month of May, 2025, i.e. after more than 7 years. In the opinion of the Court, it is for the applicant to contest the said proceedings by taking all legal and factual grounds which are available and permissible under law including the ground that the applicant is non-signatory, the company stood defunct in the year 2016 and he had not received notice. Once the said grounds are taken while contesting the proceedings, the Court has no reason to disbelieve that the same shall be considered in correct perspective. 6. With the aforesaid observations, the application stands disposed of. Order Date :- 17.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad