HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32940 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Ankit Kapor learned counsel for the applicant as per instructions received from his client that though the present application has been preferred for quashing the entire criminal proceeding of complaint case no. 291 of 2021 (Prakash Chandra Tripathi versus Madhu Gupta and others) under section 138 of N.I. Act Police Station Kachawan, District Mirzapur as well as order dated 11.06.2025 passed by Civil Judge (JD)/F.T.C., District Mirzapur and summoning order dated 16.05.2022 passed by Additional Civil Judge (JD)/JM, Court No. 2, Mirzapur passed in complaint case no. 291 of 2021 U/s 138 of N.I. Act Police Station Kachawan, District Mirzapur, however he seeks relief to the extent that a direction be issued to the court below to consider the fact that first of all the complaint itself was not maintainable for more than one reason particularly when as per the own stand of the complainant the cheques stood dishonoured on 1.10.2019 however, the statutory demand notice came to be issued on 13.11.2019 which was beyond the permissible period as specified in Section 138 read with Section 142 of the N.I. Act and also the fact that the complaint stood lodged on 2.9.2021 and the delay condonation came to be allowed without putting to the applicant to the notice in the teeth of the judgement of the Hon'ble Apex Court in K.S. Joseph Vs. Philips Carbon Black Ltd. (2016) 11 SCC 105, and the statutory notice was not served upon the applicant. 2. Learned AGA has no objection to the same. Versus Counsel for Applicant(s) : Ankit Kapoor Counsel for Opposite Party(s) : G.A. Jitendra Kumar Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 3. Accordingly, application stands disposed of leaving it open to the applicants to raise all legal and factual issues before the court below while contesting the trial and this Court has no reasons to disbelieve that the same shall be considered in accordance with law. September 1, 2025 piyush NA528 No. 32940 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad