HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33305 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Supplementary Affidavit filed today is taken on record. 2. Sri Ronak Chaturvedi, learned counsel for the applicants submits that though the present applicant under Section 528 of BNSS has been preferred by the applicant for quashing the summoning order dated 03.06.2023 passed by the Learned Additional Judge, Bijnor as well as entire proceedings in Complaint Case No. 173 of 2022 (M/s Sapna Enterprises vs. Deepak Tyagi and others), under Section 138 of Negotiable Instrument Act, Police Station Chandpur, District Bijnor, however, the applicants are contesting the trial and the proceedings under Section 313 of CrPC are underway. According to him, there are fundamental defect, which makes the complaint non- maintainable, firstly the statutory demand notice issued and served upon the applicant is about two cheques, as only the complaint refers to one cheque, thus the statutory notice is itself defective. Secondly, the complaint at the initial stage came to be dismissed, then a revision came to be preferred by the O.P. No.2 and the matter was remitted back requiring the court below to pass a fresh order, but the court below without application of mind has passed an order which is bereft of any legal aspect. Thus it is submitted that the court below may consider the point which has been sought to be raised and decide the proceedings strictly in accordance with law. 3. 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 Versus Counsel for Applicant(s) : Ronak Chaturvedi Counsel for Opposite Party(s) : G.A. Deepak Tyagi And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) disbelieve that the court below shall consider the same in correct perspective. September 11, 2025 N.S.Rathour NA528 No. 33305 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad