Neutral Citation No. - 2025:AHC:73525 Court No. - 73 Case :- APPLICATION U/S 482 No. - 1604 of 2025 Applicant :- Suneel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Brijesh Kumar Sharma, learned counsel for the applicant as well as Sri Kripa Shankar, learned AGA for the State. 2. This application u/s 482 of Cr.P.C. has been preferred for quashing the entire proceedings in complaint case no.10 of 2019 'Surendra Versus Suneel' under section 138 Negotiable Instrument Act Police Station Kotwali District Basti, pending in the court of court of Civil Judge (S.D.) F.T.C. Basti. 3. Learned counsel for the applicant has submitted that a complaint stood lodged by the opposite party no. 2 against the applicant with an allegation that with respect to assurance to provide job in abroad, the opposite party no. 2 had given an amount of Rs. 1,50,000/- along with passport, however, the applicant thereafter, proceeded to return the said money while drawing a cheque of Rs. 1,50,000/- which tendered in the bank was dishonored on 29.11.2018 a statutory demand notice was issued on 11.12.2018 and a complaint was lodged on 02.01.2019. Learned counsel for the applicant has submitted that the applicant has been summoned under Section 138 of the NI Act on 27.10.2019. According to the learned counsel for the applicant, no cheque whatsoever has been drawn and he has been implicated and roped in the criminality. 4. Learned AGA, on the other hand, submits that presumption under Section 139 of the NI Act is against the applicant and in favour of the holder. 5. Having heard the submissions so made across the bar the sole question which arises for determination is the extent of judicial intervention. Apparently, a cheque is stated to have been drawn by the applicant which has been dishonored followed by a statutory demand notice and a complaint. The Court finds that the proceedings are underway as the statements of the accused under Section 313 has also been recorded and further the applicant- accused is not appearing before the court below. This Court does not find the present case to be a fit case to quash the entire proceedings particularly in view of Section 139 of the NI Act and also the fact that the trial is undergoing and the statement under Section 313 has been recorded. 6. Accordingly, the application is rejected. Order Date :- 7.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad