HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33693 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. A supplementary affidavit has been filed by Shri Suneel Kumar Mishra, learned counsel for the applicant as well as a Vakalatnama has also been filed by Shri Indra Narayan, Advocate and Shri Rajat Singh, Advocate on behalf of the opposite party no. 2 today in the Court. These are taken on record. 2. Heard, Shri Suneel Kumar Mishra, learned counsel for the applicant, Shri Indra Narayan and Shri Rajat Singh, learned counsel for the opposite party no. 2 and Shri Moti Lal, learned A.G.A. for the State. 3. A joint statement has been made by the learned counsel for the parties that general propose to file as per the instructions received from his client and he does not propose to file any response on the application be decided on the basis of the documents submitted on record. It is consent of the parties that the application is being decided at the fresh stage. 4. This is an application under Section 528 BNSS to quash the entire proceeding as well as summoning order dated 28.06.2023 passed by Additional Chief Judicial Magistrate, Kaushambi in Complaint Case No. 582/2022 (Uma Shankar Vs. Arunendra Yadav), under Section 138 of Negotiable Instrument Act, P.S. Charwa, District Kaushambi, pending in the court of Additional Civil Judge (J.D.)-II/Judicial Magistrate, Kaushambi. 5. The case of the applicant is that a complaint was lodged by the opposite party no. 2 on 18.10.2022 under Section 138 of the N.I. Act with the allegation that with respect to the discharge of the liability the applicant Versus Counsel for Applicant(s) : Krishna Kant Tiwari, Suneel Kumar Mishra Counsel for Opposite Party(s) : G.A. Arunendra Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) herein a drawn a cheque bearing no. 00357, Bank of Baroda, George Town, Allahabad of amount of Rs. 1 lakh dated 21.05.2022 which on presentation in the bank came to be dishonored on 16.08.2022 followed by statutory demand notice dated 29.08.2022 and the applicant came to be summoned under Section 138 of the N.I. Act on 28.06.2023. 6. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for the simple reason that the cheque in question which stated to have been dishonored, have been drawn for a company Arundatya Deep Developers Pvt. Ltd and the said company has not been arraigned as an accused, thus the complaint is found to fail. 7. Learned counsel for the opposite party no. 2 as well as learned A.G.A on the other hand submit that once the cheque stood drawn and it was dishonored presumption under Section 139 of the N.I. Act is there. However, they could not dispute the fact that arraigning the company as an accused is in imperative and necessary according to him the same happens to be a defend. They submit that the summoning order be set aside and the matter be remitted back to the court below to pass a fresh order strictly in accordance with law. 8. I have heard the submission so made across learned A.G.A. has accepted the argument and I have heard the submission so made across the bar and perused the record. 9. A cheque bearing no. 00357 Bank of Baroda, George Town, Allahabad dated 21.05.2022 came to be drawn which was dishonored by 16.05.2022 forwarded by statutory demand notice dated 29.08.2022 and the applicant came to be summoned. A perusal of the complaint would reveal that the company is not arrived on the cheque was drawn. The same is not in conformity and consonance with the judgment of the Hon'ble Apex Court in the case of Aneeta Hada Vs. M/s. Godfather Travels & Tours Pvt. Ltd. reported in 2012 0 AIR SC 2795, however, since the learned counsel for the opposite party no. 2 and the learned counsel for the applicant, both have made a joint statement that the summoning order be set aside and the matter be remitted back that this Court has no option but to set aside the said order. Accordingly, the application is being decided in the following terms:- (a) The order dated 28.06.2023 passed by the Additional Chief Judicial Magistrate, Kaushambi in Complaint Case No. 582 of 2022 (Uma Shakar NA528 No. 33693 of 2025 2 Vs. Arunendra Yadav) under Section 138 of N.I. Act, P.S. Charwa, District- Kaushambi, is set aside. (b) The matter stands remitted back to the court below to pass a fresh order strictly in accordance with law. 10. With the aforesaid observation, this application stands disposed of. (Vikas Budhwar,J.) September 4, 2025 Sharad/- NA528 No. 33693 of 2025 3 Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad