Neutral Citation No. - 2025:AHC:70281 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5928 of 2025 Applicant :- Rajesh Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat) Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Ms. Sofia Khan (AOR No. A/S 1918/20) holding brief of Sri Shri Ram (Rawat), learned counsel for the applicant and Sri S.K. Singh, 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 summoning order 14.02.2023 including the entire criminal proceeding of complaint case no. 637 of 2023 (Smt. Anu Singh vs. Rajesh Upadhyay) under Section 138 of N.I. Act, P.S. Kotwali, District Mathura 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 15.05.2025 and the same shall be decided with most expedition preferably within a period of 45 days in terms of the judgment passed in Damodar S Prabhu (supra). 5. Till application be decided, no coercive action shall be taken against the applicant with respect to summoning order 14.02.2023 including the entire criminal proceeding of complaint case no. 637 of 2023 (Smt. Anu Singh vs. Rajesh Upadhyay) under Section 138 of N.I. Act, P.S. Kotwali, District Mathura. 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 :- 2.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad