HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18493 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed by the applicant to stay the effect and operation of the impugned order dated 02.07.2025 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.2, Budaun passed in Complaint Case No.32010 of 2024, (Gajendra Vs. Vijay) under Section 138 Ν.Ι. Act, Police Station Wazirganj, District Budaun. 3. It is alleged in the complaint that applicant and opposite party No.2 were engaged in a business of selling potatoes for which applicant issued cheque in favour of opposite party No.2, when the cheque was presented before Bank, the same got dishonoured. 4. Applicant's counsel submits that applicant is innocent and has been falsely implicated in the present case due to mala fide intention. Earlier, a complaint was lodged premature and the same was dismissed, thereafter, revision was filed and Revisional Court rejected the revision, thereafter, order was challenged by way of filing Application U/s 482 No.25392 of 2024 before this Hon'ble Court and this Court vide order dated 27.08.2024 disposed off the application of opposite party No.2 with direction that if the complainant filed fresh complaint within one month, the court shall proceed with the case, thereafter, complaint was filed and Versus Counsel for Applicant(s) : Praveen Kumar Srivastava, Vindeshwari Prasad Counsel for Opposite Party(s) : G.A. Vijay Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) trial court issued summon against the applicant and applicant filed objection before trial court that present complaint has been issued by the Magistrate having no jurisdiction and is liable to be set aside, as such, in view of that summoning by learned Magistrate is without application of judicial mind. 5. Considered the argument raised by applicant's counsel, complaint filed in direction of co-ordinate Bench of this Court and trial court has issued summon and applicant has filed objection that court has no jurisdiction to entertain the complaint filed by the complainant. Earlier, the application of the complainant was rejected by the Court of Judicial Magistrate, Bisauli and complaint concealing this fact, filed the complaint in different court, the court had no jurisdiction. The applicant has filed objection on 28.05.2025, which is still pending. Without adverting on merit of the case, the trial court is directed to decide the objection of the applicant filed before the court on 28.05.2025 in regard to territorial jurisdiction of the court for hearing the present matter and summoning within a period of four weeks from the date of production of certified copy of this order. 6. With the aforesaid directions, this application under Section 528 BNSS stands disposed of. May 5, 2026 Nitin Verma NA528 No. 18493 of 2026 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad