Neutral Citation No. - 2025:AHC:145668 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31298 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kuldeep Kumar, learned counsel for the applicant as well as Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 19.01.2021 passed by Additional Court No. 2, Agra as well as entire proceedings of Case No. 241 of 2020 (RBA Finance Vs. Amit Kumar) Under Section 138 Negotiable Instrument Act, 1881 Police Station - Hariparvat, District -Agra. 3. The case of the applicant is that on 03.02.2020, a complaint was lodged by the O.P. No.2 under Section 138 of N.I. Act against the applicant with an allegation that with respect to discharge of a liability which alleged to have been taken by the applicant for purchase of vehicle, the applicant had drawn a cheque bearing number "003282" of an amount Rs.2,66,818/- dated 19.12.2019, which on presentation in the bank on 20.12.2019 came to be dishonoured on 21.12.2019 with the remarks 'fund insufficient' followed by a statutory demand notice issued on 10.01.2020 alleged to have been served on 16.01.2020 and thereafter the complaint stood lodged on 03.02.2020 and the applicant came to be summoned under Section 138 of N.I. Act on 19.01.2021. Learned counsel for the applicant has submitted that the complaint is bound to fail particularly when the O.P. No.2 has already written a letter in the shape of No Objection Certificate that nothing remains due. Contention of the learned counsel for the applicant is that once the entire amount stood paid as per the own saying of O.P. No.2, then the proceedings cannot be allowed to be continued. He submits that on 01.02.2025, the N.B.W. was issued and while inviting attention towards para-16 of the application, he submits that he has obtained bail. Accordingly to him, there is no legal enforceable debt or liability so attracted in that regard. 4. Sri Moti Lal, learned A.G.A. on the other hand submits that once the cheque stood drawn, then the presumption under Section 139 of the N.I. Act would be there and further if the entire payment has been made and N.O.C. has been issued by O.P. No.2, it is for the applicant to contest it before the court below for closure / dropping of the proceedings. 5. I have heard submissions so made across the Bar and perused the record carefully. 6. Apparently, with respect to dishonour of a cheque of Rs.2,66,818/- bearing number '003282" dated 19.12.2019 on 21.12.2019, and a statutory demand notice came to be issued on 10.01.2020, thereafter followed by a complaint under Section 138 of N.I. Act and applicant came to be summoned. So far as the reliance so placed upon by the learned counsel for the applicant upon page-36 while contending that a no-objection certificate has been issued by O.P. No.2 in favour of the Regional Transport Authority, thus nothing is due is concerned, the same is an aspect, which can very well be raised by the applicant before the trial, particularly when the complaint was lodged on 03.02.2020 and the said no-objection certificate has been issued on 21.12.2022. It is for the applicant to substantiate his claim and particularly as per the own saying of the applicant, the applicant post-issuance of bailable warrant has obtained bail, thus it is for the applicant to contest the trial and to substantiate the fact that already no objection certificate came to be issued and nothing remains due. Further at the stage of summoning, this Court is not required to give any conclusive findings about the genuineness of the document, which is at page-36. 7. Accordingly, interference is declined. The application is disposed of leaving it open to the applicant to raise all the issues including the issue regarding the issuance of no-objection certificate by the O.P. No.2 addressed to the Regional Transport Officer. Order Date :- 23.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad