APPLICATION U/S 528 BNSS No. 13394 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13394 of 2026 Shivvardhan .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Kamalesh Singh Counsel for Opposite Party(s) : G.A. Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for applicants, learned A.G.A. for the State and perused the record. 2. This application u/s 528 BNSS has been filed for quashing the impugned summoning order dated 29.03.2023 as well as entire proceedings of complaint case no.7888 of 2022 (Umesh Kumar Singh Vs. Shivvardhan) police station Hata, district Kushinagar u/s 138 N.I. Act in the Court of Ld. Additional Chief Judicial Magistrate Kasya Kushinagar. 3.It is submitted by learned counsel for applicants that there is money dispute between the parties and opposite party no.2 has filed a complaint under Section 138 of N.I. Act against the applicants. It is further submitted that since there is some dispute regarding payment of money and as such there is a good chance of amicable settlement of dispute through compromise. 4. Learned counsel for applicant has placed reliance on a judgment of Hon'ble Apex Court in the case of D