Neutral Citation No. - 2025:AHC:9817 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 11899 of 2024 Petitioner :- Ravi Datt Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.,Rakesh Kumar Hon'ble Saurabh Srivastava,J. 1. Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner, Sri Rakesh Kumar, learned counsel for the respondent no. 2 and learned AGA for the State. 2. The instant petition has been preferred for challenging order arising out of separate application in shape of objection preferred at the behest of the petitioner even after challenging the summoning orders in Application U/S 482 No. 26447 of 2022 and the same is still pending to be finally adjudicated before this Court itself without having any interim protection in favour of the petitioner. 3. Learned counsel for the petitioner submitted that certain more grounds have been raised through separate application for challenging the entire proceedings initiated against the petitioner in pursuance to Section 138 of the Negotiable Instruments Act but the same has been dismissed by learned concerned court and no adherence has been given by learned revisional court also which arises cause of action in favour of the petitioner for preferring the instant petition before this Court. 4. After hearing arguments raised by learned counsel for the petitioner, precise query has been made by this Court that whether these grounds which has been taken up separately which correlated and adducive to the grounds taken up by the petitioner while preferring Application U/S 482 No. 26447 of 2022, the same has been replied in a very fair manner by learned counsel for the petitioner that these are the additional grounds which could not be taken up at the time of preferring Application U/S 482 No. 26447 of 2022. 5. Prayer as made in the petition has been vehemently opposed by Sri Rakesh Kumar, learned counsel appearing for the respondent no. 2 and rebutted the stand taken up by learned counsel for the petitioner. 6. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that veracity and genuineness along with legality of the summoning order has already put under challenge by the petitioner and the same is pending in shape of Application U/S 482 No. 26447 of 2022 and the grounds available therein are the basic grounds and the grounds which has been denied by learned concerned court as well as learned revisional court are the additional one which are in shape of challenging the entire proceedings in which the petitioner has already been summoned. 7. Initial application preferred at the behest of the petitioner does not contained any specific provision of Cr.P.C. and if in any case, the grounds whatsoever has been taken up for challenging the entire proceedings in pursuance to Section 138 of the Negotiable Instruments Act is liable to be placed before the same proceedings, wherein the summoning orders have already been put under challenge by the petitioner. 8. In view of aforementioned facts and circumstances of the case, the writ petition is hereby dismissed with liberty extended in favour of the petitioner to supplement all these grounds in the proceedings pending, wherein the summoning orders are still to be adjudicated finally by coordinate Bench of this Court under proceedings of Application U/S 482 No. 26447 of 2022. Order Date :- 21.1.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad