Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30659 of 2025 Applicant :- Achchhaji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Kuntal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mahesh Kumar Kuntal, learned counsel for the applicant as well as Sri J.B. Gupta, learned AGA for the State/opposite party no.1. 2. This application under Section 528 BNSS has been filed by the applicant to quash the impugned summoning order dated 29.05.2023 as well as N.B.W. order dated 31.01.2024 passed by Additional Court No.3, Agra in Complaint Case No. 169 of 2020 (Shivang Sheet Grah Pvt. Limited vs. Achchhaji), Under Section 138 Negotiable Instrument Act, Police Station-Chhatta, District Agra pending in the Court of Additional Chief Judicial Magistrate- IX, Agra. 3. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no. 2 under Section 138 of the N.I. Act on 13.01.2020 with an allegation that the applicant herein had drawn a cheque bearing No. 374484 of an amount of Rs. 3,75,298/- dated 07.12.2019 which presentation in the bank on 13.12.2019, came to be dishonoured, followed by a statutory demand notice and the applicant came to be summoned under Section 138 of the N.I. Act on 13.01.2020 followed by a summoning order dated 29.05.2023 as well as N.B.W. order dated 31.01.2024. 4. Learned counsel for the applicants submits that the summoning order cannot be sustained for the simple reason that the applicant had stored certain potatoes in the cold storage of the opposite party no. 2 and had tendered a blank signed cheque and certain amount was advanced but the said potatoes was sold by the opposite party no. 2, pursuant whereto proceedings under Section 156(3) Cr.P.C. came to be initiated by the applicant on 07.01.2020 which resulted in lodging of a complaint on 19.02.2020 being FIR No. 0036, under Sections 506, 420, 406 IPC. Learned counsel for the applicant submits that even also the applicant had made a complaint before the District Magistrate regarding the same. He submits that the said cheque was a security cheque which does not answer the description of legal debt or liability under Section 138 of the N.I. Act. 5. Learned AGA on the other hand submits that whatever arguments, are being raised, are subject matter of trial and presumption under Section 139 of the N.I. Act would be there. 6. I have heard learned counsel for the parties and gone through the records. 7. The sole question which arises for determination in the present proceedings is to the extent of judicial intervention. Apparently, with respect to dishonour of cheque, a statutory demand notice and a complaint was preferred and the applicant came to be summoned. The question whether the said cheque which has been dishonoured is a security cheque or not is a subject matter of trial as held by the the Hon'ble Apex Court in the case of M/s Womb Laboratories Pvt. Ltd. vs Vijay Ahuja 2022 (18) SCC 631 and in Sunil Todi vs the State of Gujarat 2022 (16) SCC 762. As regards, submission of the learned counsel for the applicant is that already a first information report had been lodged against the opposite party no. 2 regarding disposing of the potatoes and also complaint before the District Magistrate is concerned, the same is at best a defence, consideration whereof is not required at the stage. Moreover, the presumption under Section 139 of the N.I. Act would be there. 8. Accordingly, the interference is declined, the application stands disposed of. 9. Leaving it open to the applicant to raise legal and factual grounds while contesting the trial. 10. The counsel for the applicants at this stage seeks a direction for enlargement on bail. 11. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions 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 with relation to enlargement on bail strictly as per the law without any delay Order Date :- 21.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad