Neutral Citation No. - 2025:AHC:37004 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8404 of 2025 Applicant :- Manmohan Kashyap Opposite Party :- State of U.P. and Another Counsel for Applicant :- Digvijay Singh,Sudhir Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Digvijay Singh, learned counsel for the applicant as well as Sri Muniraj Mehrotra, learned counsel for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the Complaint Case No.850 of 2018, Ankur Kumar vs. Manmohan Kashyap, under Sections 138 of the N.I. Act, Police Station-Kotwali, District Bijnor. And Summoning Order dated 15.9.2021 in Case No.2700850 of 2018, under Section 138 of the N.I. Act, Police Station Kotwali Shahar, District Bijnor, pending in the Court of Additional Civil Judge, (Junior Division), Court No.2, Bijnor. 3. Learned counsel for the applicant submits that a complaint stood lodged for offences under Section 138 of the N.I. Act read with Section 420 of the IPC and the applicant was enlarged on bail on 11.7.2019 and on 15.9.2021 non-bailable warrant was issued. He further submits that he is employed in district Varanasi, thus he was not aware about the proceedings being undergone in Bijnor. He also submits that he be allowed to file a recall application and till disposal protection be accorded. 4. Learned AGA on the other hand submits that in case the applicant prefers a recall application then the same be directed to be decided within time bound period. 5. Considering the submissions so made across the bar, the application stands disposed of directing the applicant to present himself and to prefer a recall application by 11.4.2025 and on the said motion the same be decided by 25.4.2025. Till 25.4.2025 no coercive action shall be taken against the applicant in pursuance of Complaint Case No.850 of 2018, Ankur Kumar vs. Manmohan Kashyap, under Sections 138 of the N.I. Act, Police Station- Kotwali, District Bijnor. And Summoning Order dated 15.9.2021 in Case No.2700850 of 2018, under Section 138 of the N.I. Act, Police Station Kotwali shara, District Bijnor, pending in the Court of Additional Civil Judge, (Junior Division), Court No.2, Bijnor. 7. The protection shall only apply on those contingencies and the applicant sticks to the time line and does not violate condition mentioned in this orders. In case any of the default the protection stands vacated without reference to the Bench. 8. In view of above, the present application under section 528 of the B.N.S.S. stands disposed of. Order Date :- 17.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad