HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9360 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard Ms. Aditi Singh, learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to set aside the non bailable warrant order dated 16.4.2025 and 21.5.2025 passed by learned Special Judge, N.I. Act, Lucknow in Complaint Case No.2120 of 2015 under Section 138 of the Negotiable Instrument Act, Police Station - Gomti Nagar, District - Lucknow. 3. Learned counsel for the applicant submits that proceedings of Criminal Case No.2120 of 2015 is going on and applicant is continuously cooperating but due to some problem, he could not appear before the court, therefore, a request was made by his counsel through an application for exemption and same was allowed on 12.3.2025. He further submits that on the next date, i.e., on 16.4.2025, applicant could not appear again, then N.B.W. was issued against the applicant, thereafter, for recall of order dated 16.4.2025, application for cancellation of N.B.W. was moved on 15.10.2025 but due to some wrong advice same was not pressed. He also submits that applicant is willing to cooperate in the trial of the case in question and he undertakes that he will appear on every date till conclusion of the proceedings. 4. Learned A.G.A. opposes the prayer of the applicant and submits Versus Counsel for Applicant(s) : Amrit Kumar Tiwari, Vikas Misra Counsel for Opposite Party(s) : G.A. Ashar Naim Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) that exemption application of the applicant was allowed on 12.3.2025 with the cost of Rs.500/-, thereafter, order sheet enclosed with the application itself reveals that applicant was avoiding the proceedings as the case is going on for recording the statement under Section 313 Cr.P.C., therefore, applicant is not entitled for any relief. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, record reveals that on 12.3.2025 exemption application was allowed with the cost of Rs.500, thereafter, no one was present on 16.4.2025 for applicant/accused, therefore, N.B.W. was issued. It is also evident from the record that on 15.10.2025, application for recall of N.B.W. was filed but the same was not pressed, as matter is related to the N.I. Act, therefore, this Court is of the view that some sympathetic approach should be taken, accordingly, order dated 16.4.2025 passed by the court below in relation to the issuance of N.B.W. against the applicant and its consequential orders are hereby set aside. 6. In view of the above, the present application is allowed. 7. However, applicant is directed to appear before the court below on the next date. 8. Trial Court is also directed to conclude the trial expeditiously, in accordance with the law. 9. Applicant is further directed to pay Rs.2,000/- to the complainant of the present case in cash. November 20, 2025 GauraV/- A482 No. 9360 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench