M/S K.G.N. ENTERPRISESversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 18702 of 2026

M/S K.G.N. Enterprises
                                                           .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                     :   Suresh Kumar Gupta
Counsel for Opposite Party(s)                :   G.A.

Court No. - 74
                      HON'BLE DEEPAK VERMA, J.

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 528 BNSS application has been filed to quash the
impugned summoning order dated 07.04.2021 passed by the learned
Court of Metropolitan Magistrate, Room No. 08, Kanpur Nagar in
Complaint Case No. 39787/2021 (M/s G.R. International Vs. M/s. K.G.N.
Enterprises) as well as the entire proceeding of the Complaint Case No.
39787/2021 ( M /s G.R. International Vs. M/s. K.G.N. Enterprises),
under Section 138 Negotiable Instrument Act, P.S. Sisamau, District-
Kanpur Nagar, pending before the learned Court of Judicial Magistrate,
Room No. 07, Kanpur Nagar.

3. Counsel for the applicant submits that present proceeding agaisnt the
applicant is malicious prosecution and is liable to be set aside.
Prosecution witnesses have stated in their deposition that the cheque was
given as security cheque and the applicant is not liable to be prosecuted.

4. Per contra, learned A.G.A. opposed the submission raised by
applicant's counsel.

5. Considered the argument raised by applicant's counsel, on perusal of
documents annexed with the application, it is apparent that proceeding
U/s 313 Cr.P.C. has been completed and proceedings is at the verge of
conclusion. Submission of applicant is that prosecution witnesses had not
supported the prosecution story and from the statement it is apparent that
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cheque was given as security cheque. The submission raised by
applicant's counsel cannot be examined at this stage as trial court has
power to examine the witnesses and statement of witnesses produced
before the court. This Court sitting in jurisdiction of 528 BNSS cannot
appreciate the deposition as well as evidence produced by the parties
before the court. Hon'ble Apex Court, by way of various judgments has
stated that the High Court sitting in 528 BNSS can not appreciate and
examine the deposition and evidence filed before the trial court, as such,
this Court is not inclined to interfere in the proceeding and the proceeding
is at the verge of conclusion. No interference is warranted.

6. The grounds taken in the application reveal that many of them relate to
disputed question of fact. This Court is of the view that it is well settled
that the appreciation of evidence is a function of the trial court. This Court
in exercise of power under Section 528 BNSS cannot assume such
jurisdiction and put an end to the process of trial provided under the law.
It is also settled by the Apex Court in catena of judgments that The
impugned criminal proceeding against the applicants is abuse of the
process of the Court and is liable to be quashed by this Court.the power
under Section 528 BNSS at pre-trial stage should not be used in a routine
manner but it has to be used sparingly, only in such an appropriate cases,
where it manifestly appears that there is a legal bar against the institution
or continuance of the criminal proceedings or where allegations made in
First Information Report or charge-sheet and the materials relied in
support of same, on taking their face value and accepting in their entirety
do not disclose the commission of any offence against the accused. The
disputed questions of facts and defence of the accused cannot be taken
into consideration at this pre-trial stage.

7. In view of the above, in the light of judgment of the Apex Court in the
matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866,
Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law
(SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State
of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu
Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another
(Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings
of the aforesaid case, is made out which may call for any interference by
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                                    this Court in exercise of its inherent power under Section 528 BNSS as
                                    the same do not suffer from any illegality or infirmity.

                                    8. The present 528 BNSS application of applicant is hereby dismissed
                                    with the aforesaid observation.



                                                                                       (Deepak Verma,J.)
                                    May 6, 2026
                                    Nitin Verma




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