APPLICATION U/S 528 BNSS No. 12653 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12653 of 2026 Vishal Pathak .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Laxmi Narayan Mishra Counsel for Opposite Party(s) : G.A. Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard Sri H.K. Chaturvedi and Sri Laxmi Narayan Mishra, learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application u/s 528 BNSS has been filed by the applicant with the prayer to quash the entire proceeding along with cognizance and summoning order dated 16.10.2025 passed by Additional Chief Judicial Magistrate, Court No. 5, Meerut in Complaint Case No. 11176 of 2025 (Mahip Singh Vs. Vishal Pathak), under Section 138 N.I. Act, Police Station- Civil Lines, District- Meerut. 3. The learned counsel for the applicant has challenged the summoning order dated 16.10.2025 and complaint lodged by opposite party no. 2 u/s 138 N.I. Act on the two grounds. The first ground is that in view of Section 223 (1) of BNSS, the applicant was not given opportunity of being heard prior to the taking of cognizance, as allegedly mandated under the said provisi