Neutral Citation No. - 2025:AHC:65906 Court No. - 73 Case :- APPLICATION U/S 482 No. - 2579 of 2025 Applicant :- Shih Niang Opposite Party :- State of U.P. and Another Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A.,Giri Ram Rawat,Indra Deo Mishra,Sangeeta Yadav,Shri Ram (Rawat) Hon'ble Vikas Budhwar,J. 1. Heard Sri Faizur Rahman, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. and Sri Shri Ram (Rawat) for O.P. No.2. 2. Though the application u/s 528 BNSS has been preferred by the applicant for quashing the summoning order dated 30.11.2024 passed by the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.24, District- Azamgarh as well as entire criminal proceeding of Complaint Case No. 6499 of 2024 (Sheeh Pi Nai vs. Shee Nyang) under Section 138 N.I. Act, Police Station- Kotwali, District-Azamgarh, pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.24, District-Azamgarh, but learned counsel for the applicant has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar Vs. Syed Babu Lal S. Prabhu, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded. 3. Learned A.G.A. as well as counsel for O.P. No.2 have 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 25.04.2025 and the court below is directed to decide the same with most expedition, preferably within 90 days. 5. Till 90 days from today, no coercive action shall be taken against the applicant with respect to the summoning order dated 30.11.2024 passed by the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.24, District- Azamgarh as well as entire criminal proceeding of Complaint Case No. 6499 of 2024 (Sheeh Pi Nai vs. Shee Nyang) under Section 138 N.I. Act, Police Station-Kotwali, District-Azamgarh, pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.24, District-Azamgarh. 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 :- 29.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad