Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29075 of 2025 Applicant :- M/S Atharv Infrastructure Private Ltd Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mandvi Tripathi,Santosh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Mandvi Tripathi, learned counsel for the applicant and Sri Jai Singh, learned A.G.A. for the State. 2. The present application u/s 528 of B.N.S.S. has been filed with prayer to quash the summoning order dated 05.07.2024 in Complaint Case No.- 2602 of 2024 (Hanif Vs. Arthav Insfrastructure Pvt. Ltd.) under Section 138 of N.I. Act, P.S- Wave City, District- Ghaziabad pending in the Court of learned Additional Civil Judge 9J.D.)/Judicial Magistrate, Court No.-4, Ghaziabad. 3. It is contended by the learned counsel for the applicant that the complainant opposite party no.2 has not stated in the complaint that Ankit Tyagi, Director of the company M/s Atharv Infrastructure Pvt. Ltd. was responsible for the day to day affairs of the company. He placed reliance on the judgement of Hon'ble Apex Court passed in Special Leave Petition (Criminal) No.- 12390 of 2022 (Susela Padmavathy Amma vs M/S. Bharti Airtel Limited) [2024 (260) AIC 197]. Learned counsel further submits that the cheque which was dishonoured was not given for discharge of any debt. He further submits that no notice as contemplated under Section 138 of N.I. Act has been received by the applicant. 4. On the other hand, learned A.G.A. submits that the matter may be referred for mediation as the matter involves some commercial/civil dispute. 5. Considering the above facts and circumstances, a prima facie case is made out. 6. Let notice be issued to opposite party no.2 returnable at an early date. 7. Opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. 8. List immediately after six weeks. 9. In the meantime no coercive action shall be taken against the applicant. Order Date :- 8.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad