APPLICATION U/S 528 BNSS No. 8473 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8473 of 2026 Nikhil Gupta .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Shashi Kumar Tiwari Counsel for Opposite Party(s) : G.A. Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant; learned A.G.A for the State as also perused the record. 2. Instant application has been filed to quash the impugned order dated 20.08.2025 passed by the learned Additional Civil Judge (Junior Division)/Judicial Magistrate Agra as well as entire proceedings of Complaint Case No.128962 of 2024 (Anubhav Saxena Vs Nikhil Gupta & Other), under Section 138 N.I. Act, Police Station Hariparvat, District Agra. 3. It is alleged in the complaint that applicant and opposite party no.2 are close friends and applicant borrowed Rs.6 lakh. Thereafter, the applicant returned Rs.3 lakh through Cheque No.007411 dated 01.06.2024. When the cheque was presented before the bank on 04.06.2024 the same was returned with remark 'Refer to drawer'. The opposite party no. 2 sent statutory notice on 02.07.2024. The notice was served upon the applicant on 03.07.2024, thereafter the