Neutral Citation No. - 2025:AHC:63496 Court No. - 73 Case :- APPLICATION U/S 482 No. - 1914 of 2025 Applicant :- Sabir Ali Alias Prince Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Singh,Sushil Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sushil Kumar Shukla, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. for the State. 2. This application under Section 482 of the Cr.P.C. has been filed by the applicant to quash the summoning order dated 1.8.2022 in Complaint Case No. 85322 of 2022, (Super Wheel vs. Sabir Ali), under Section 138 of the N.I. Act, Police Station Nazirabad, District Kanpur Nagar, pending in the court of learned Judicial Magistrate 8th, Kanpur Nagar. 3. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no.2 against the applicant on 21.5.2022 under Section 138 of the N.I. Act with an allegation that the applicant herein is an employee of the opposite party no.2 establishment and he had misappropriated certain amount and when the pressure was being mounted for making the payment of the amount which is alleged to have been misappropriated then he had drawn a cheque bearing no.050804 dated 21.1.2022 for an amount of Rs. 9,41,785/-of the Axis bank. It is also alleged that the said cheque was presented in the bank then the same was dishonoured, thereafter, the cheque was again re-presented and it was dishonoured communication whereof was made on 30.3.2022, a statutory notice was issued on 12.4.2022, however, the same was sought to be returned in connivance with the postman thereafter the complaint was preferred on 21.5.2022. 4. Learned counsel for the applicant submits that the applicant happens to be an employee of the opposite party no.2 and as many as four cheques were kept as security but on account of illegal activities being committed by the opposite party no.2, the applicant had resigned but one of the said cheques was misused and it was got dishonoured. He further submits that even otherwise also a complaint was also filed by the applicant purported to be under Sections 420 and 406 IPC against the opposite party no.2, however, the opposite party no.2 has obtained an interim protection in application under Section 482 No.6869 of 2024 on on 20.3.2024. He also submits that the applicant has been falsely implicated in the case. 5. Learned AGA on the other hand submits that whatever might be the contention so sought to be raised are the issues of trial which cannot be gone into at this stage. 6. Considering the submissions so made across the bar, the sole question which arises for determination is the extent of judicial intervention at this stage. Apparently a cheque stood issued which has been dishonoured, the question as to whether the cheque had been misused or missutilized is a matter of trial and further the issue as to whether also that the same was of security is also a matter of trial as held in the case of M/s Womb Laboratories Pvt. Ltd. vs Vijay Ahuja 2022 (18) SCC 631 and in Sunil Todi vs the State of Gujarat 2022 (16) SCC 762. Nonetheless, the presumption under Section 139 of the N.I. Act against the applicant. 7. Applying the said principles of law as noted above in the facts of the case, this Court does not find the present case to be a fit case for interference. 8. Accordingly, the present application under section 482 Cr.P.C. stands rejected and consigned to record. 9. Learned counsel for the applicant seeks direction for bail. 10. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 25.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad