HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34314 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Vakalatnama filed today by Sri Dharam Veer Singh on behalf of O.P. No.2 is taken on record. 2. Heard Sri Sanjeet Kumar Mishra, learned counsel for the applicants , Sri Vikas Sharma, learned State Law Officer for the State and Sri Dharam Veer Singh for O.P. No.2. 3. This is an application under Section 528 of BNSS preferred by the applicants for quashing the impugned order dated 18.07.2025 passed by Additional Session Judge/Fast Track Court No. 2, Baghpat, District Baghpat in Criminal Appeal No. 66 of 2023 (Ravi Bangiya Vs. State of U.P.) U/s 138 of N.I. Act, Police Station Ramala, District Baghpat pending in the court of Additional Session Judge/Fast Track Court No. 2, Baghpat. 4. The case of the applicant is that post-conviction of the applicant under Section 138 of N.I. Act, a Criminal Appeal no.66 of 2023, came to be preferred. During the pendency of the appeal, an application came to be preferred by the applicant mentioning therein that the Court at Baghpat has no jurisdiction to entertain and to try the complaint, particularly when the cheque had been drawn from the bank account of the applicant from Dehradoon, Uttarakhand. 5. Learned A.G.A. as well as the learned counsel for the O.P. No.2 submit that in view of the expressed provisions contained under Section 142(2) of Versus Counsel for Applicant(s) : Alok Kumar Singh, Sanjeet Kumar Mishra Counsel for Opposite Party(s) : G.A. Ravi Bangiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the N.I. Act and in view of the judgment of the Hon'ble Apex Court in M/s Shri Sendhur Agro & Oil Industries vs. Kotak Mahindra Bank Ltd, 2025 0 Supreme (SC) 460, the complaint would be maintainable before the Court where the cheque is presented by the payee or the holder in due course in the bank account which falls within the jurisdiction of the Court, which is to entertain and try the suit. 6. Learned counsel for the applicant could not dispute the said legal position. 7. Accordingly, no interference is made to the order dated 18.07.2025 rejecting the application preferred by the applicant. At this stage learned counsel for the applicant has submitted that the applicant has to travel from Dehradoon to Baghpat and he is being meted with constant threat and protection be accorded. In the opinion of the Court, it is always open for the applicant to seek legal remedy as available under law. 8. In view of above observation, application stands disposed of. September 10, 2025 N.S.Rathour NA528 No. 34314 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad