HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11433 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. The present petition is filed by the petitioner seeking following relief:- "An order to set aside the summoning order dated 18.04.2022 passed by the learned Judicial Magistrate, Court No. II, Jhansi in Complaint Case No. 1545 of 2021 (Rajiv Singh Vs. Rajendra Singh Yadav) under Section 138 of the Negotiable Instruments Act, 1881, Police Station Babina, District Jhansi, as well as the judgment and order dated 23.06.2026 passed by the learned Additional Sessions Judge, FTC-CAW, Jhansi in Criminal Revision No. 117 of 2023 (Rajendra Singh Vs. Raiiy Singh & Another)." 2. It is submitted by learned counsel for the petitioner that the petitioner is the accused and a complaint was filed under Section 138 N.I. Act for dishonour of cheque for a sum of Rs.5,75,000/-. The cheque was not given to the respondent no.2-complainant. However, the same was given to a third party and such defence has not been considered. He submits that the complaint has been filed with delay on 26.2.2021 as the notice was served on 26.1.2021. 3. It is to be seen that in so far as the question of the cheque being given to another person is a question of fact, which is required to be adjudicated at the stage of trial and this Court cannot hold a mini trial at this stage. In so far as the question of limitation is concerned, the complaint has been filed within 45 days of the service of notice as per Section 138 read with Section 142 of N.I. Act. Versus Counsel for Petitioner(s) : Phool Singh Yadav, Vaibhav Yadav Counsel for Respondent(s) : G.A. Rajendra Singh .....Petitioner(s) State Of Uttar Pradesh And Another .....Respondent(s) 4. Such an argument of learned counsel for the petitioner is not tenable under law. 5. The petition lacks merit and is, accordingly, dismissed. September 14, 2026 Bhaskar A227 No. 11433 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad