Neutral Citation No. - 2025:AHC:43019 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 9261 of 2025 Applicant :- Neeraj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Pandey,Shardendu Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajeev Kumar Pandey along with Sri Shardendu Mishra, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State. 2. This application u/s 528 of BNSS has been filed for quashing the summoning order dated 27.06.2018 passed by learned Additional Civil Judge (S.D.), Court No. 1, Ghaziabad in Complaint No. 779 of 2018 (Nanak Chand Vs. Neeraj Kumar), under Section 138 of N.I. Act and non-bailable warrant dated 29.07.2024 issued by learned Court of A.C.J.M.-III, Ghaziabad. 3. Learned counsel for the applicant submits that the applicant shall be filing an application for compounding of the offences under Section 147 of NI Act in view of the law laid down by the Hon'ble Apex Court in Damodar S. Prabhu Vs. Sayed Babalal (2010) 5 SCR 688. 4. Learned State Law Officer has no objection to the same. 5. Accordingly, the application stands disposed of directing the applicant to submit an application for compounding of the offences under Section 147 of NI Act by 11.04.2025 and thereafter, the court below shall decide the same in view of the judgment of Damodar S.Prabhu (supra) by 25.04.2025. Till the orders are passed in the compounding application, no coercive action shall be taken against the applicant in summoning order dated 27.06.2018 passed by learned Additional Civil Judge (S.D.), Court No. 1, Ghaziabad in Complaint No. 779 of 2018 (Nanak Chand Vs. Neeraj Kumar), under Section 138 of N.I. Act and non-bailable warrant dated 29.07.2024 issued by learned Court of A.C.J.M.-III, Ghaziabad. 6. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided therein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 24.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad