Neutral Citation No. - 2025:AHC:16036 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30489 of 2024 Applicant :- Aman Arora Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Shailendra Kumar Singh, learned counsel for the applicant, Sri K.K. Tripathi, learned A.G.A for the State and perused the record. 2. The instant application under Section 528 BNSS has been filed for quashing the summoning order dated 17.03.2023, N.B.W. dated 09.08.2023 as well as the order dated 26.09.2023 passed in Complaint Case No.2026 of 2023, under Section 138 N.I. Act, Police Station- Kasia, District Kushingar, pending in the court of Additional Chief Judicial Magistrate, Kasia, Kushinagar. 3. Contention of learned counsel for the applicant is that the applicant and opposite party no.2 have a business relationship and whatever amount the applicant has taken from the opposite party no.2 that was returned to him in the year 2020. However, the cheque in question, which was given to opposite party no. 2, was misused by opposite party no. 2 by initiating the impugned proceedings. 3. Per contra, learned AGA submitted that there is no illegality in the impugned proceeding as alleged transfer of money was made by the applicant to opposite party no.2 in the year 2020 and cheque in question was issued in the year 2023. Therefore, there is no illegality in the impugned proceeding. 4. Considering the submissions of learned counsel for the parties and perusal of record, it appears that the complaint was filed with the allegation that during the business transaction between the applicant and opposite party no.2, the applicant issued a cheque on 17.01.2023 in discharge of certain liability for payment of money, which was presented before the Bank but the same was returned with the endorsement "insufficient fund". Thereafter the impugned proceeding was filed. So far as submission of counsel for the applicant that the applicant had already transferred the amount in the account of opposite party no.2, is misconceived as the cheque in question was issued on 17.01.2023, while the alleged transaction is of year 2020. Even otherwise ground raised by the applicant is his defence which can be raised before the trial court. 5. In view of above, this Court finds no illegality the impugned order. Accordingly, the present application is dismissed. Order Date :- 5.2.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad