HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34057 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Bharat Pal Singh, learned counsel for the applicant as well as Sri K.K. Vishwakarma, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire proceeding of the impugned Complaint Case No. 9994 of 2021, Shailesh Singh Vs. Dharmendra Pratap Singh under section 138 of Negotiable Instruments Act, 1881. Police Station Jangipur, District Ghazipur pending in the court of Additional Civil Judge (JD)/JM, Fast Track Court, Ghazipur as well as for quashing the impugned summoning order dated 30.11.2021 passed by the Court of Newly Constituted Civil Judge (JD)/Fast Track Court, Ghazipur (Annexure No. 1). 3. The case of the applicant is that a complaint stood lodged on 26.09.2021 by the O.P. No.2 under Section 138 of N.I. Act against one Dharmendra Pratap Singh s/o late Preetam Singh with respect to dishonouring of a cheque of an amount of Rs.10,06,450/- which on presentation in the bank on 21.08.2021 came to be dishonoured on 23.08.2021 followed by a statutory demand notice. Learned counsel for the applicant has submitted that the name of the applicant is Sri Dharmendra Pratap Singh s/o Vijendra Pratap Singh and the statutory demand notice came to be issued in favour of the accused Dharmendra Pratap Singh s/o Preetam Singh and not the applicant and while inviting attention towards para-13, it is contended that the non- bailable warrant was issued and thereafter applicant has obtained bail. Learned counsel for the applicant submits that the applicant is contesting the Versus Counsel for Applicant(s) : Bharat Singh Pal, Shivangi Tripathi, Subhash Chandra Tiwari Counsel for Opposite Party(s) : G.A. Dharmendra Pratap Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) matter before the trial court and according to him, the grounds which the applicant seeks to raise with regard to the fact that there is no legal debt or liability and statutory demand notice has not been issued and served to him and there is a clear infraction of the provisions contained under Sections 138 read with Section 142 of N.I. Act, coupled with the fact that the applicant is not the drawer of the cheque, which would be raised be considered in correct perspective. 4. 4. Learned A.G.A. has no objection to the same. 5. Accordingly, interference is declined. 6. Considering the submissions so made across the Bar, since the applicant himself is contesting the trial, thus it is always open to the applicant to raise all the legal and factual grounds, which are advisable and permissible and this Court has no reason to disbelieve that the court below shall consider the same in correct perspective. 7. With the aforesaid observation, the application stands disposed of. September 9, 2025 N.S.Rathour NA528 No. 34057 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad