Neutral Citation No. - 2025:AHC:129995 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 26723 of 2025 Applicant :- Gauri Shanker Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Singh,Chandrahas Singh Gautam Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Udai Shankar Tiwari (AoR No.0008 of 2012) holding brief of Sri Ashutosh Singh, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer, who appears for the State. 2. Learned counsel for the applicant as per the instructions received from his client submits that though the application under Section 528 of BNSS has been preferred by the applicant for quashing the proceeding of Complaint Case No. 937/2021, under Section 138 of the Negotiable Instruments Act, 1881, pending before the learned Additional Court, Aligarh, however, no such legal enforceable debt or liability is there so as to invoke the provisions under Section 138 of the Act and further para-3 of the complaint, recites that though the statutory demand notice was issued on 16.12.2020, but the same came to be returned on account of the fact that addressee is not there, however, he seeks to contest the matter before the court below taking legal and factual grounds. 3. Sri Vikas Sharma, learned State Law Officer has no objection to the same. 4. Considering the submissions raised at the Bar and the statements so sought to be made by them, the application stands disposed of leaving it open for the applicant to contest the matter before the court below while taking all the legal and factual grounds permissible under law and this Court has no reason to disbelieve that the court below consider the same in correct perspective. Order Date :- 4.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad