Neutral Citation No. - 2025:AHC:141890 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30478 of 2025 Applicant :- Markandey Tiwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajesh Kumar Dubey, learned counsel for the applicant and Sri Bhuval Vishwakarma, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the order dated 04.06.2025, passed by the court of learned Civil Judge (S.D.)/F.T.C., Basti, whereby the learned Trial Court was pleased to reject the application filed by the applicant seeking expert opinion on the disputed cheque, in Complaint Case No. 11666 of 2020, Computerized Case No. UPBS040114002020 (Vipin Kumar Shukla Vs. Markandey Tiwari), under Sections 138 N.I. Act, 1881, Police Station Kotwali, District Basti, pending before court of learned Civil Judge (S.D.)/F.T.C., Basti. 3. The case of the applicant is that post lodging of the complaint under Section 138 of the NI Act with respect to dishonoring of a cheque bearing no. 020872 of Rs. 5,71,000/- on 08.07.2020 and again presentation and dishonoring of the same on 02.09.2020 a statutory demand notice came to be issued followed by a complaint dated 09.10.2020 pursuant whereto the applicant came to be summoned on 10.12.2021. Learned counsel for the applicant has submitted that the application stood preferred by the applicant- accused before the court below for getting opinion of the handwriting expert, however, the said application came to be decided on 04.06.2025 that the same would be considered at an appropriate stage when the defence of the applicant-accused would be recorded. Learned counsel for the applicant submits that though the challenge has been raised to the order dated 04.06.2025 but the learned counsel for the applicant submits that he confines his relief that the claim so set up by the applicant be considered at a stage when defence is to be taken into consideration. 4. Learned AGA has no objection to the same. 5. Considering the submission so made across the bar and after perusing the record, the application stands disposed of leaving it open for the applicant to raise all aspects at the appropriate stage. Order Date :- 20.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad