Neutral Citation No. - 2025:AHC:37117 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8400 of 2025 Applicant :- Mohit Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Sahu,Sharad Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant and Sri Jyoti Singh, learned A.G.A. for the State. 2. This is an application under Section 528 BNSS preferred by the applicant for quashing the order dated 10.02.2025 passed by Civil judge (Junior Division) Urai, District Jalaun for issuing Proclamation order Under Section 82 Cr.P.C. in Complaint Case No. 356 of 2013 (Manish Kumar Vs Mohit Shukla), under Section 138 N.I. Act, Police Station Root, District Jalaun, pending before Civil Judge (Junior Division) Urai, District Jalaun, and this Hon'ble court be pleased to direct the trail court to accept fresh bail bond of the applicant. 3. Learned counsel for the applicant submits that there happened to be three cases; two under Section 138 of N.I. Act and one under Section 420 of the IPC lodged against the applicant and the other co-accused. Learned counsel for the applicant submits that there happened to be a compromise entered into between the parties on 09.08.2021 (Annexure-3 at page-25 of the paper-book), reference whereof has been made in para-10 of the application, whereby the compromise stood entered into all the three criminal cases, two under Section 138 of N.I. Act and one under Section 420 of IPC. Learned counsel for the applicant next submits that with respect to one of the complaint cases no.23 of 2021 (280 of 2013), Satendra Singh Vs. Mohit Shukla, due to non-appearance of the complainant while exercising its power under Section 256 of CrPC, the proceeding stood terminated and the applicant was exonerated of the charge. However, with respect to the Case Crime no.356 of 2013, under Section 138 of N.I. Act, the complainant remained non-present harbouring an impression, as there happened to be a compromise entered into the applicant and the opposite party no.2, thus the complainant would not pursue the complaint, however, on 23.03.2023, on an application stood preferred by the O.P. No.2, on which date, warrants were issued to the applicant and thereafter proceedings under Section 82 CrPC has also been initiated. Learned counsel for the applicant submits that on account of the fact that the parties have themselves entered into a compromise, the applicant was under an impression that the complaint would be dismissed as the earlier complaint stood dismissed, however, now breathing time be accorded to the applicant to prefer a recall application for recalling of the order of non-bailable warrant and order dated 10.02.2025 of proceeding under Section 82 of CrPC. 4. Learned A.G.A. submits that whatever might be, the applicant should prefer an application and seek recall of the order. 5. Considering the submissions so sought to be made across the Bar, the application stands disposed of, requiring the applicant to be present and prefer a recall application by 11.04.2025 and on the said motion, the recall application shall be decided by the court below by 25.04.2025. It is further required that in case applicant submits fresh bail bonds before the court below, the said request be considered. Till 25.04.2025, i.e. the disposal of the application/ proceedings which would be initiated, no coercive action shall be taken against the applicant. Interim protection so accorded today, shall only be available to the applicant in those contingencies wherein, he sticks to the timeline and does not commit any default to the order passed by this Court. Order Date :- 17.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad