HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37753 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Irshad Ahmad, learned counsel for the applicant, as per the instructions received from his client, submits that though the applicant has filed the present application to quash the Summoning Order dated 02.06.2016 Passed by Additional Chief Judicial Magistrate, Court No.2 Allahabad, in Complaint Case No. 1567 of 2013, Under Section 138 N.I Act P.S Dhoomanganj, District Allahabad, however, the learned counsel for the applicant submits that the complaint cannot be proceeded with and it is rather not maintainable particularly when the bank account in respect whereof a cheque stood drawn had been dishonored does not belong to the applicant and as per the recitals contained in paragraph no. 7 of the complaint, the complainant has herself come up with stand that the cheque when presented in the bank was dishonored on the ground that the account was not in existence. Learned counsel for the applicant submits that the issues which he seeks to raise while contesting the trial be considered. 2. Learned AGA, on the other hand, submits that the present application has been presented in the year 2024-25 and the summoning order is of the year 2016 and it is for the applicant to contest the trial taking all the said grounds. 3. Considering the submissions so made across the bar, the application stands disposed of requiring the applicant to contest the trial taking all legal and factual grounds. 4. At this stage, learned counsel for the applicant submits that a direction Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Smt Suman Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) be issued for consideration of the bail. 5. This Court has no reason to disbelieve that in case, applicant moves appropriate proceedings before the court below for enlargement on bail, then the same may be decided with most expedition in accordance with law of the land. 6. Till 17.10.2025, no coercive action shall be taken against the applicants in Summoning Order dated 02.06.2016 Passed by Additional Chief Judicial Magistrate, Court No.2 Allahabad, in Complaint Case No. 1567 of 2013, Under Section 138 N.I Act P.S Dhoomanganj, District Allahabad. 7. Protection so accorded today, shall only be available to the applicant in those contingencies wherein, applicants stick to the timeline and does not commit any default to the order passed by this Court. September 25, 2025 Rajesh NA528 No. 37753 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad