Neutral Citation No. - 2025:AHC:60439 Court No. - 73 Case :- APPLICATION U/S 482 No. - 1337 of 2025 Applicant :- Brijesh Son Of Megh Singh Opposite Party :- State Of U.P. Through Principal Secratary Home Government Of U.P. At Lucknow And Another Counsel for Applicant :- Dwijendra Prasad,Pramod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Dwijendra Prasad, learned counsel for the applicant as well as Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. This application u/s 482 of Cr.P.C. has been filed for quashing the entire criminal proceedings as well as impugned summoning order dated 22.08.2024 passed by Judicial Magistrate Fatehabad, Agra in Complaint case No-653 of 2024 under section 138 of The Negotiable Instruments Act, Police station Fatehabad, District- Agra. 3. Learned counsel for the applicant has submitted that a complaint stood lodged by the opposite party no. 2 on 25.04.2024 under Section 138 of the NI Act against the applicant with regard to dishonoring of two cheques of Rs.10,00,000/- each bearing No. 931815 and 931814 dated 01.03.2024 and 16.03.2024. Allegations is that when the said cheques were presented in the bank for encashment on 16.03.2024, the same was returned as dishonored on account of insufficient fund on 18.03.2024 thereafter a statutory demand notice was issued on 28.03.2024 which was not received intentionally and thereafter, the complaint stood preferred on 25.04.2024. Learned counsel for the applicant while inviting the attention of the Court towards Annexure-5 at page 38 of the paper book reference whereof has been made in para 10 of the application has sought to contend that on 21.12.2024, proceedings under Section 175(3) of BNSS stood preferred regarding misuse of the four cheques on the ground that in order to avail financial assistance from a finance company the applicant along with opposite party no. 2 had gone and the opposite party no. 2 manipulated and got the two chequses reflecte for the purposes of mis-utilizing the same against the applicant. He, thus, submits that the applicant cannot be said to have committed any offence and, thus, there is no question of infliction of criminality under Section 138 of the NI Act. 4. Learned AGA, on the other hand, submits that what is to be seen in the present proceedings at this stage is the fact that presumption lays against the applicant under Section 139 of the NI Act. 5. Having heard the submissions so made across the bar, the sole question which arises for determination is the extent of judicial intervention at this stage. Perusal of the complaint reveals that the allegation is regarding dishonoring of two cheques. The applicant claims that he had lodged a complaint on 21.12.2024 regarding misuse of the said cheques or illegally taking away of the said cheques at the end of the opposite party no. 2. At best, these can be stated to be a defence particularly if the dates are taken into consideration, the cheques are dated 01.03.2024 and 16.03.2024 the statutory legal notice was issued on 28.03.2024 and the complaint was lodged on 25.04.2024 but the complaint under Section 175(3) of the BNSS stood filed on 21.12.2024 i.e. much subsequent to the same. 6. Looking into the fact that the same might be a defence, this Court is not required to go into the said issue at this stage particularly when the presumption under Section 139 is already there. 7. Accordingly, no case is made out for interference, the application stands disposed of . 8. At this stage, learned counsel for the applicant seeks direction for consideration of his bail application in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 9. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 22.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad