HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41014 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. The present application has been filed for quashing the entire criminal proceeding of Complaint Case No. 1605 of 2024 "Laxmikant Gupta Vs. Ashok Kumar Rai" under Section 138 N.I. Act, P.S. Sarnath, District Varanasi, pending before Additional Chief Judicial Magistrate, Court No. 7, Varanasi and it is further prayed to stay the entire criminal proceeding of aforesaid Complaint Case and to stay the effect and operation of impugned summoning order dated 11.01.2024, Non Bailable Warrant order dated 19.10.2024 as well as proclamation under Section 82 of Cr.P.C. issued by Additional Chief Judicial Magistrate, Court No. 7, Varanasi in Complaint Case No. 1605 of 2024 "Laxmikant Gupta Vs. Ashok Kumar Rai" under Section 138 N.I. Act, P.S. Sarnath, District Varanasi. 3. It is submitted by learned counsel for applicants that as the proceedings under Section 138 N.I. Act and the summoning order was issued on 11.01.2024 so far applicant submits that he is not putting any challenge to the summoning order dated 11.01.2024 as the applicant was enlarged on bail by the trial court by order dated 02.09.2024. Subsequently, on 19.10.2024 non bailable warrants been issued without issuing any bailable warrant. Learned counsel for the applicant at this stage submits that the applicant would appear before the court concerned on or before 19.11.2025 and will participate in the trial proceedings and shall not seek Versus Counsel for Applicant(s) : K.C. Mishra Counsel for Opposite Party(s) : G.A. Ashok Kumar Rai .....Applicant(s) State of U.P. and Another .....Opposite Party(s) any adjournment. 4. In view of the statement made by learned counsel for the applicant, let the applicant appear before the trial court on or before 19.11.2025. In the event, the applicant appears before the trial court, the non bailable warrant order dated 19.10.2024 and the proceedings under section 82 Cr.P.C. would be kept in abeyance and in the event of non appearance, the present arrangement shall automatically stands withdrawn and the Court could at liberty to the proceed with the case in accordance with law. 5.With the aforesaid direction, the present application stands disposed of . October 27, 2025 Nisha NA528 No. 41014 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad