Neutral Citation No. - 2025:AHC:86325 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6680 of 2025 Applicant :- Smt Kinderjeet Kaur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Srivastava,Kuldeep Kumar Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary Affidavit filed today is taken on record. 2. Heard Sri Abhishek Srivastava, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State. 3. This is an application under Section 528 of BNSS preferred by the applicant for quashing order dated 20-1-2025 by which process u/s 82 of Cr.P.C. was initiated against the applicant as well as order dated 17-12-2024 by which Non bailable warrant has been issued against the applicant alongwith summoning order dated 26.10.2023 passed by learned Additional Civil Judge (Senior Division) Court No.1/ Additional Chief Judicial Magistrate, Rampur in Case No.243 of 2023 (Kamalpreet Singh Vs. Smt Kinderjeet Kaur), under sections 138 of N.I. Act., Police Station Swar, District -Rampur. 4. Learned counsel for the applicant has submitted that a complaint was lodged by O.P. No.2 on 03.04.2023 against the applicant with an allegation that two cheques of the amount of Rs.4,80,000/- and of Rs.4,65,000/- were dishonoured, which was followed by a statutory demand notice and the applicant was summoned on 26.10.2023. Learned counsel for the applicant submitted that the applicant was granted bail, however, due to certain circumstances beyond the control and comprehension of the applicant, he could not appeal on the subsequent date, pursuant whereto, non-bailable warrant and proceeding under Section 82 CrPC were drawn. Submission of learned counsel for the applicant is that the applicant shall be preferring a recall application and in the interregnum period, protection be accorded to the applicant. 5. Learned State Law Officer has no objection to the same. 6. Considering the submissions so made across the Bar, the application stands disposed of directing the applicant to prefer a recall application by 30.05.2025 and on the submission of the same, the court shall decide the same within a further period of 45 days. The court below shall proceed to pass an order in accordance of law, subject to compliance, which are required to be made as per the statute by the applicant. 7. Till the disposal of the application, no coercive action shall be taken against the applicant with respect to order dated 20-1-2025 by which process u/s 82 of Cr.P.C. was initiated, order dated 17- 12-2024 by which Non bailable warrant has been issued against the applicant as well as summoning order dated 26.10.2023 passed by learned Additional Civil Judge (Senior Division) Court No.1/ Additional Chief Judicial Magistrate, Rampur in Case No.243 of 2023 (Kamalpreet Singh Vs. Smt Kinderjeet Kaur), under sections 138 of N.I. Act., Police Station Swar, District -Rampur. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein. 8. In case of default, protection accorded to the applicant shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again. Order Date :- 22.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad