HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37367 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Rajesh Kumar Sharma, learned counsel for the applicant as well as Sri Moti Lal, 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 as well as summoning order dated 29.08.2024 passed by Civil Judge J.D./Fast Track Court Agra, in Complaint Case No. 584 of 2024 (Govind Singh Vs. Shahid) under Section 138 Negotiable Instrument Act, P.S. Etmaddaula, District - Agra. 3. The case of the applicant is that a complaint stood lodged on 10.01.2024 by the O.P. No.2 under Section 138 of N.I. Act against the applicant with an allegation that with respect to discharge of a liability, the applicant herein had drawn a cheque bearing number "398244" dated 23.11.2023 for an amount Rs.1,50,000/-, which on presentation in the bank on 01.12.2023 came to be dishonoured on 05.12.2023 followed by a statutory demand notice dated 12.12.2023 and a complaint on 10.01.2024 and thereafter the applicant came to be summoned on 29.08.2024. Learned counsel for the applicant has submitted that the summoning order cannot be sustained for the simple reason that the applicant and O.P. No.2 are known to each other, however, as per the complaint, the applicant is alleged to have taken a loan for marriage of his daughter, however, the daughter of applicant is not of marriageable age and further with respect to medical treatment certain blank cheques were drawn by the applicant to O.P. No.2, who misused and misutilized the same. 4. Learned A.G.A. on the other hand submits that once the cheque stood Versus Counsel for Applicant(s) : Rajesh Kumar Sharma, Shobh Nath Counsel for Opposite Party(s) : G.A. Shahid .....Applicant(s) State of U.P. and Another .....Opposite Party(s) drawn and it has been dishonoured, then the presumption under Section 139 of the N.I. Act would be there. 5. I have heard the submissions so made across the Bar and perused the record carefully. 6. Apparently, post-dishonour of the cheque, proceedings under Section 138 of N.I. Act came to be drawn. On a pointed query being raised to the learned counsel for the applicant whether there is any procedural infraction of the provisions contained under Section 138 read with Section 142 of N.I. Act, the answer is in negative. Moreover the question whether the applicant had drawn the cheque or not is subject matter of trial, consideration whereof would be required at the time of trial. 7. Moreover, presumption under Section 139 of N.I. Act is there. 8. Accordingly, interference is declined. The application is disposed of leaving it open to the applicant to contest the proceedings before the court below while taking all the legal and factual grounds and this Court has no reason to disbelieve that the court below shall consider the same in correct perspective. September 24, 2025 N.S.Rathour NA528 No. 37367 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad