HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33273 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application has been filed by applicants for quashing the summoning order dated 04.10.2023 as well as entire proceeding of Complaint Case No. 6430 of 2023 (Devendra Kumar Vs. Ravishekhar Gupta and others), under Section 138 N.I. Act, P.S.-Hata, District Kushinagar, pending in the court of Civil Judge (Senior Division)/A.C.J.M., Kasya, Kushinagar. 3. Learned counsel for the applicant submits that on 4.7.2023 cheque in question alleged to have been dishonoured. Learned counsel for the applicant further submits that as per paragraph no. 7 of the complaint, it is alleged that on 28.7.2023 notice was sent by registered post, however, the aforesaid notice was not received and as such on 10.8.2023 notice was again sent. Learned counsel for the applicant further submits that notice was never received by the applicant. It is further submitted by learned counsel for the applicant that under Section 24 of the General Clauses Act there is presumption of service after thirty days and notice was however sent on 28.7.2023. The presumption will apply after thirty days i.e. 28.8.2023. If the service presumption is alleged on 28.8.2023 then the complaint filed on 29.8.2023 would be barred as per Section 142 of the N.I. Act. 4. It is to be seen that in the present case as per the complaint case the Versus Counsel for Applicant(s) : Ritesh Tiwari Counsel for Opposite Party(s) : G.A. Ravishekhar Gupta And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) notice was initially sent on 28.7.2023 which was not served as per complainant. Thereafter further notice was sent on 10.8.2023. Learned counsel for the applicant submits that applicant has not received the notice. 5. It is to be seen that notice dated 28.7.2023 was not accepted by the applicant as per the case of the complainant in the complaint. The second notice was sent on 10.8.2023 and complaint was of 29.8.2023. The question with regard to service of notice and refusal of notice are question of fact which are required to be adjudicated at the stage of trial. At this stage, this Court is only concerned with the averments made in the complaint case. If the applicant has not received the notice then the defence raised by the applicant it is for the complainant to prove before the trial court as to the date when the notice was served on the applicant. 6. At this stage, this Court cannot adjudicate the disputed question of fact. Accordingly, the application under Section 528 BNSS is dismissed. October 9, 2025 VMA NA528 No. 33273 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad