HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33572 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by applicant for quashing the summoning order dated 12.02.2021 (U/s 138 N.I. Act) passed by Judicial Magistrate Ist, Gorakhpur in Case No.7167 of 2020 (Mahendra Singh Vs. Anshu Devi) under Section 138 N.I. Act, Police Station-Tiwaripur, District-Gorakhpur, pending in the court of Judicial Magistrate-Ist, Gorakhpur. 3. Learned counsel for the applicant submits that cheque in question of Rs. 5,54,000/- and the applicant has returned the amount of Rs. 5,32,000/- and the remaining amount is to be paid. 4. It is to be seen that there is no dispute to the fact that cheque in question has been dishonoured. The defence raised by the applicant is to the effect that Rs. 5,32,000/- has already been paid and the remaining amount is to be paid. It is for the applicant to prove his defence before the trial court and this Court cannot record a factual finding with regard to return of amount and the finding is required to be recorded at the trial stage. Versus Counsel for Applicant(s) : Yasavant Kumar Counsel for Opposite Party(s) : G.A. Smt. Anshu Devi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Accordingly, the application filed under Section 528 BNSS is dismissed. October 9, 2025 VMA NA528 No. 33572 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad