Neutral Citation No. - 2025:AHC:134975 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29131 of 2025 Applicant :- Rampal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishnu Dutt Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Vishnu Dutt Tiwari, learned counsel for the applicant as well as Sri Abhishek Tripathi, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 06-12-2023 passed by Civil Judge (Junior Division) Court No. 7 Muzaffar Nagar in Complaint Case No. 18106/2023 (Mangey Ram Vs. Rampal) U/s 138 N.I. Act, Police Station New Mandi, District Muzaffar Nagar.. 3. Learned counsel for the applicant has submitted that a complaint was lodged by the O.P. No.2 on 18.07.2023 under Section 138 of N.I. Act against the applicant with an allegation that with respect to discharge of a liability, the applicant had drawn a cheques dated 03.05.2023 bearing numbers "749445" of Rs.1,50,000/-, "749446" of Rs.1,00,000/- and cheque dated 04.05.2023 bearing number "749444" of an amount Rs.1,50,000/-, which on presentation in the bank came to be dishonoured on 03.06.2023 with the remarks 'funds insufficient' followed by a statutory demand notice issued dated 13.06.2023, which came to be served upon the applicant on 14.6.2023, and a complaint under Section 138 of N.I. Act was lodged on 18.07.2023 and the applicant came to be summoned under Section 138 of N.I. Act on 06.12.2023. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for the simple reason that all the said cheques came to be stolen and a complaint was lodged before the Police Station on 16.07.2021. Further submission is that the applicant has also obtained a report of hand-writing expert, according to which there has been interpolation. He further submits that even in the complaint itself there is no recital as to on which date, for which respect of discharge of liability, the cheques stood drawn, which were dishonoured. 4. Learned A.G.A. on the other hand submits that once the cheques stood drawn and the same have been dishonoured, then the presumption under Section 139 of the N.I. Act would be there. 5. Having heard the submissions so made across the Bar and after perusing the record carefully, the sole question which arises for determination is the extent of judicial intervention at this stage. Apparently, as per the allegations made in the complaint, the cheques, which stood drawn, came to be dishonoured followed by a statutory demand notice and a complaint. Thus there is no procedural infirmity so pointed out by the applicant. As regards the submissions of the learned counsel for the applicants that there happens to be interpolations and he is armed with a report of hand- writing expert. This Court is not required to delve into the same, it is matter of trial and before the trial court it is for the applicant to contest the same to take all legal and factual grounds as applicable and available to him. With respect to the submissions so made by learned counsel for the applicant that there is no mode and manner or date shown for making the said payment is concerned by the O.P. No.2 to the applicant, these are matter of trial, consideration whereof is not necessitated at this stage when the summoning order is challenged. Lastly, the questions that the cheques stood stolen and the complaint came to be filed, it is at best a defence, consideration whereof would be necessitated during the trial. Moreover the presumption under Section 139 of the N.I. Act is always there in favour of the holder of the cheque. 6. Accordingly, interference is declined. The application is disposed of leaving it open to the applicant to contest the trial before the court below while taking all the legal and factual grounds and this Court has no reason to disbelieve that the court below shall consider the same in correct perspective. Order Date :- 11.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad