HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37884 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Alok Dubey, learned counsel for the applicants submits that though the present application has been filed for quashing the order dated 20.02.2025 by which the court concerned has issued process under section 82 Cr.P.C. as well as summoning order dated 02.08.2019 as well as entire proceedings of complaint case no.958 of 2018 (Kiran Patel Versus Bal Krishna Shukla) under section 138 N.I. Act, pending before ACJM-8, Prayagraj, Police Station - Soraon, however, he confines his relief for according breathing time to the applicant to prefer a recall application for recalling non-bailable warrants, particularly in view of the fact that due to unavoidable circumstances, beyond the control and comprehension, the applicant could not make himself present, pursuant whereto non-bailable warrants have been issued and proceedings under Section 82 CrPC has been commenced. 2. Learned State Law Officer has no objection to the same. 3. Considering the over all facts situation as well as the stand taken by the applicant, the application stands disposed of directing the applicant to submit recall application seeking recall of non-bailable warrant before the court below by 17.10.2025. 4. Till the disposal of the recall application, no coercive action be taken against the applicant with respect to the order dated 20.02.2025 of process under section 82 Cr.P.C. as well as summoning order dated 02.08.2019 as well as with respect to proceedings of Complaint case no.958 of 2018 (Kiran Patel Versus Bal Krishna Shukla) under section 138 N.I. Act, pending before ACJM-8, Prayagraj, Police Station - Soraon. Versus Counsel for Applicant(s) : Alok Dubey Counsel for Opposite Party(s) : G.A. Bal Krishna Shukla .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. 6. It is open for the applicant to raise a ground that he is a non-signatory to the cheque and he could not have been summoned under Section 138 of the N.I. Act while placing reliance upon the judgment in the case of Aparna A. Shah v. Sheth Developers Pvt. Ltd. and another; AIR 2013 Supreme Court 3210. September 26, 2025 N.S.Rathour NA528 No. 37884 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad