HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23357 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Ravi Kumar Singh, learned counsel for applicant, Sri S.P. Singh, learned State Law Officer for the State and Sri Ram Lal Mishra, learned counsel for opposite party No.2. 2. A statement has been made by Sri Ram Lal Mishra, learned counsel for opposite party No.2 that he does not propose to file any counter affidavit and the application be decided on the basis of documents available on record. With the consent of the parties the application is being decided at the fresh stage. 3. This application under Section 528 B.N.S.S. has been filed by the applicant to quash the impugned summoning order dated 3.6.2025 passed by the Chief Judicial Magistrate, District Kasganj as well as entire proceeding of Complaint Case No.14243 of 2024 (Gopal Maheshwari Vs. Arpit Rastogi) under Section 138 of Negotiable Instruments Act, P.S. Kasganj, District Kasganj, pending before Chief Judicial Magistrate, Kasganj. 4. The case of the applicant is that a complaint stood lodged by the opposite party No.2 on 10.10.2024 under Section 138 of N.I. Act with an allegation that the applicant herein with respect to discharge of the liability had drawn cheque bearing No.424226 of Rs.38.00,000/- dated 24.6.2024 which on presentation in the bank came to be dishonored on 25.6.2024 and thereafter again it was represented on 9.8.2024 which came to be dishonoured on 13.8.2024 a statutory demand notice came to be Versus Counsel for Applicant(s) : Mohit Singh, Ravi Kumar Singh Counsel for Opposite Party(s) : G.A., Ram Lal Mishra Arpit Rastogi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) issued on 27.8.2024 followed by a complaint dated 10.10.2024 and applicant came to be summoned on 3.6.2025 under Section 138 of N.I. Act. 5. Learned counsel for applicant has submitted that the summoning order cannot be sustained for the simple reason that complainant happens to be resident of District Kasganj whereas the applicant-accused is resident of Lucknow thus, the mandatory enquiry while placing reliance upon the judgment of Hon'ble Apex Court in Re: Expeditious Trial of Cases U/s 138 of the N.I. Act, 2021 16 SCC 116 and Bansilal S. Kabra Vs. Global Trade Finance Ltd. & Another (2024) Law Suit(Born) 325. He further submits that though the applicant was put to notice under Section 223 but the same was not accompanied with the statement sworn affidavit etc. Learned counsel for applicant submits that the summoning order be set aside. 6. Learned AGA as well as learned counsel for opposite party No.2 submits that though as per the judgment of the Hon'ble Apex Court in Re: Expeditious Trial (Supra) mandatory enquiry under Section 202(1) Cr.P.C./225(1) of the B.N.S.S. is to be conducted and procedure as contemplated under Section 223 B.N.S.S. adhere to but since the same is not forthcoming from the summoning order thus order be set aside and matter be remitted back to the court below to pass a fresh order. 7. I have heard these submissions so made across the bar and perused the record carefully. 8. Apparently, complainant as per the complaint resides in Kasganj whereas the applicant resides in Lucknow thus under Section 202(1) Cr.P.C./225(1) B.N.S.S. ought to have been conducted in view of the judgment of Hon'ble Apex Court Re: Expeditious Trial (Supra) and further nothing is forthcoming regarding compliance of Section 223 of B.N.S.S. thus, summoning order cannot be sustained. 9. Thus, this Court is proceeded to pass the following order: (A) The summoning order dated 3.6.2025 passed in Compliant Case No.14243 of 2024 (Gopal Maheshwari Vs. Arpit Rastogi) by the Chief NA528 No. 23357 of 2025 2 Judicial Magistrate, District Kasganj is set aside (B) Matter stands remitted back to the court below to pass a fresh order strictly in accordance with law. (C) For Facilitation in earlier disposal the parties shall submit the certified copy of the orders by 10.10.2025. 10. Accordingly, the application disposed of. September 23, 2025 Md Faisal NA528 No. 23357 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad