Neutral Citation No. - 2025:AHC:134927 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27815 of 2025 Applicant :- Adityaveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Prateek Kumar, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the order dated 21.04.2025 passed by learned Civil Judge (Junior Division)/Judicial Magistrate, Court No. 2, Bijnor in complaint Case No. 643 of 2018 (Jasveer Singh Vs Adityaveer Singh) under Section 138 of Negotiable Instruments Act, Police Station Kotwali City, District Bijnor pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Court No. 2. Bijnor. 3. The case of the applicant is that a complaint stood lodged by the O.P. No.2 under Section 138 of the N.I. Act against the applicant on 13.07.2018 with an allegation that with respect to discharge of a liability, the applicant herein had drawn a cheque bearing number "640771" dated 08.06.2018 of Rs.18,50,000/- which on presentation in the bank came to be dishonoured on 11.06.2018, communication whereof was made to the O.P. No.2 on 13.06.2018 and a statutory demand notice came to be issued on 18.06.2018, which came to be served upon the applicant on 20.06.2018. Thereafter the applicant came to be summoned under Section 138 of N.I. Act. Learned counsel for the applicant has submitted that an application came to be preferred by the applicant being Paper no.B-81 for recalling of the witness, the complainant. Since post- cross-examination, the complainant had instituted a civil suit in which the subject matter was related to dishonouring of the cheque. He submits that the said application on objection being B3 preferred by the O.P. No.2/ complainant came to be rejected on 21.04.2025. 4. Questioning the said order, the applicant has filed the present application. 5. Learned counsel for the applicant has submitted that the order dated 21.04.2025 pased by the Addl. Civil Judge (Jr. Div)/ Judicial Magistrate, Court No.2, Bijnor cannot be sustained for the simple reason that no prejudice whatsoever could have been caused to the O.P. No.2, in case the said application had been allowed for recalling of the witness, particularly when the applicant had made a prayer based upon the circumstances and the facts that a civil suit had been instituted by the O.P. No.2 after cross-examination by the applicant of the O.P. No.2. Submission is that the said aspect of the matter was crucial and further on ipse dixit the said application came to be rejected. 6. Learned A.G.A. on the other hand submits that the order dated 21.04.2025 is perfectly valid and in accordance with law. 7. I have heard the submissions so made across the bar and perused the record carefully. 8. Post dishonour of a cheque, while preferring proceedings under Section 138 of the N.I. Act, the applicant came to be summoned. As per the order impugned, on 31.10.2022, the applicant-accused had concluded his cross-examination of the complainant and on 02.12.2022, the date was fixed for statements under Section 313 CrPC. Thereafter, again on 08.02.2023, the accused-applicant had presented himself and also led evidence. Thereafter, date was fixed on 20.10.2024 for decision on the final argument, but the decision could not be rendered. It is also submitted that arguments have been advanced, however, on 17.03.2025, the application B-31 had been preferred. 9. In the opinion of the Court, the court below has recorded a categorical finding that the applicant has not put forward anything on record to show that what was the questions and their relevancy in that regard. Looking into the over all facts and circumstances, the Court does not find the present case to be a fit case for interference under Section 223 of the BNSS. 10. The application is accordingly dismissed. Order Date :- 11.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad