Neutral Citation No. - 2025:AHC:134996 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29189 of 2025 Applicant :- Ajay Kumar Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Kumar,Piyush Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Hemant Kumar, learned counsel for the applicant and Sri Sudhir Kumar Chandraul, 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 07.05.2022 as well as quashing the entire criminal proceedings of the Complaint Case No. 2162 of 2021 (Priyanka Nigam Vs. Ajay Kumar Pal), under Section 138 of Negotiable Instrument Act, Police Station Naubasta, District- Kanpur Nagar, pending before the learned Court of Additional Civil Judge (J.D.) Court No. 7, Kanpur Nagar. 3. Learned counsel for the applicant has submitted that the summoning order dated 07.05.2025 summoning the applicant under Section 138 of N.I. Act cannot be sustained for more than one reason, firstly the complaint itself was suffering from laches, as the cheque stood dishonoured on 01.03.2021 and the statutory demand notice came to be issued on 04.03.2021 and the complaint was preferred on 05.07.2021. However, the delay condonation application came to be allowed without putting the applicant- accused to notice. Reliance has been placed upon the judgment in the case of K.S. Joseph Vs. Philips Carbon Black Ltd. (2016) 11 SCC 105. Secondly, there is no recital about the service of the notice. Thirdly, the O.P. no.2 is was not the holder of the cheque in due course. He however submits that the applicant is already contesting the matter and the statements under Section 251 of CrPC has also been recorded. 4. Learned A.G.A. on the other hand submits that once the proceedings are underway and the applicant has participated and is contesting the trial, then it is for the applicant to raise all the legal and factual issues. 5. Having heard the submissions so made across the Bar and after perusing the record, the sole question which arises for determination is the extent of judicial intervention. 6. Apparently, with respect to dishonouring of the cheque, the applicant came to be summoned on 07.05.2022, page- 55A of the paper-book shows that the proceedings under Section 251 of CrPC is underway on 03.03.2025. Once the applicant is himself contesting the trial, then it is always open for the applicant to raise all the legal and factual submissions amongst others including the same, which has been argued before this Court. 7. 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