Court No. - 73 Case :- APPLICATION U/S 482 No. - 39185 of 2024 Applicant :- M/S A.V. Construction Head Office And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Mishra,Vipul Raj Gautam Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Himanshu Mishra, learned counsel for the applicant and learned A.G.A. for the State. 2. Learned counsel for the applicant has submitted that though the application has been preferred to quash the entire proceeding of complaint case no. 42 of 2024 (Arun Tomar vs. M.A.V. Construction and Ors) under Section 138 of the N.I. Act, Police Station Sigra, District Varanasi including summoning order dated 09.05.2024 passed by Presiding Officer Gram Nyalaya Modi Nagar, Ghaziabad, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907. 3. Learned A.G.A. has no objection to the same. 4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 30.05.2025 and the same shall be decided with most expedition preferably within a period of 60 days in terms of the judgment passed in Damodar S Prabhu (supra). 5. Till application is decided, no coercive action shall be taken against the applicant of Complaint Case No. 42 of 2024 (Arun Tomar vs. M.A.V. Construction and Ors) under Section 138 of the N.I. Act, Police Station Sigra, District Varanasi. 6. 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. Order Date :- 12.5.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad