Neutral Citation No. - 2025:AHC:119245 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25763 of 2025 Applicant :- Gyanprakash Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Akhilesh Kumar Tiwari, learned counsel for the applicant as well as Sri J.P. Gupta, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash/set-aside the impugned order dated 16-06-2025 passed by the learned Additional Civil Judge (J.D.), Court No. 6, Ghazipur in Criminal Case No. 15837 of 2022 (Gyan Prakash Singh Vs. Basant Lal Gupta) filed under Section 138 of N.I. Act. 3. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no. 2 herein on 25.07.2022 against the applicant under Section 138 of the NI Act with an allegation that with respect to discharge of a liability, a cheque bearing no. 006632 of Rs. 43,50,000/- dated 06.09.2022 was drawn which came to be dishonored and the communication was made on 06.06.2022, a statutory demand notice was issued on 09.06.2022 followed by a complaint on 25.07.2022. The opposite party no. 2 came to be summoned under Section 138 of the NI Act. Since the proceedings were being prolonged so the applicant herein preferred an application for expeditious disposal of the proceedings wherein direction was issued to decide the same as per sub-section (3) of Section 143 of the NI Act. 4. Thereafter, an application under Section 91 Cr.P.C./94 BNSS came to be preferred by the opposite party no. 2-accused requiring the applicant herein to produce before this Court the statement of the bank account for the year 2016-18, GST returns and ITR for the year 2017-18 to 2022-24. The said application came to be objected by the opposite party no. 2, however, the same was allowed on 16.06.2025 by the court of Additional Civil Judge (J.D.), Court No. 6, Ghazipur. 5. Questioning the said order, the present application has been filed. 6. Learned counsel for the applicant has submitted that the order dated 16.06.2025 allowing the application preferred by the opposite party no. 2 cannot be sustained for the simple reason that it is nothing but a dilatory tactics just in order to forestall and linger the proceedings. Submission is that already there happens to be an order passed for expeditious disposal as per sub-section (3) of Section 143 of the NI Act, thus, the said application could not have been filed. He further submits that it is for the accused- opposite party no. 2 to set forth his defence as he has to justify his stand since presumption under Section 139 of the NI Act is always in favour of the holder. He also submits that the bank statement, ITR and GST documents would not be of any help as they are totally irrelevant insofar as the proceedings under Section 138 of the NI Act is concerned. Argument is that the court below on mere asking has allowed the application without going into the utility and irrelevance of the document. 7. Learned AGA, on the other hand, submits that no prejudice whatsoever would be caused, in case, the said documents are brought on record as they would clear the controversy regarding the transaction of the said amount for the discharge whereof the cheque was drawn and it was dishonored. 8. I have heard the submissions so made across the bar and perused the record carefully. 9. Apparently, the complaint under Section 138 of the NI Act came to be preferred by the applicant complainant with respect to allegation that a cheque of an amount of Rs. 43,50,000/- came to be drawn by the opposite party no. 2 which came to be dishonored. The opposite party no. 2 complainant in order to strengthen his case and to fortify the assertion preferred and application on 11.03.2025 requiring the bank statement, GST documents and the income tax return. The court below after considering the stand taken by the respective parties, in the interest of justice, exercise jurisdiction under Section 91 Cr.P.C./94 BNSS while directing the applicant complainant to produce the record. The argument so sought to be made by the counsel for the applicant that the said documents are irrelevant is not convincible as its relevance or irrelevance has been tested by the court below while summoning the same and the court below found it appropriate to direct the applicant to produce the same. No prejudice whatever is being caused to the applicants and these documents would aid the court in disposal of the proceedings in correct perspective. Learned counsel for the applicant has submitted that some of the documents are not available with the applicants. Thus, the same cannot be produced. In the opinion of the Court, it is for the applicant to produce the documents which are available with him and contest the trial while taking all legal and factual grounds. Since the order passed by the court below in the opinion of the court below does not suffer from any manifest illegality so as to invoke the jurisdiction. Thus, interference is declined, application stands disposed of leaving it open for the applicant to take all legal and factual grounds. Order Date :- 22.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad