VIJAY KUMARversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 18493 of 2026

Vijay Kumar
                                                            .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Praveen      Kumar               Srivastava,
                                Vindeshwari Prasad
Counsel for Opposite Party(s) : G.A.

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
                                                                                          NA528 No. 18493 of 2026
                                                                   2


                                    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.



                                                                                           (Deepak Verma,J.)
                                    May 5, 2026
                                    Nitin Verma




Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad