Neutral Citation No. - 2025:AHC:116169 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9893 of 2025 Applicant :- Smt. Almas Siddiqui Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saher Naqvi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Ms. Saher Naqvi, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the N.B.W. order dated 20.02.2024 along with other consequential orders and summoning order dated 10.07.2023 as well as entire criminal proceeding of Complaint Case No. 1688 of 2020 (Sayyad Kamrul Aarfeen versus Smt. Almas Siddhiqui) pending before Additional Chief Judicial Magistrate Court No.7, Allahabad, under Section 138 N.I. Act Police Station Kareli, District Prayagraj. 3. Learned counsel for the applicant has submitted that with respect to dishonoring of four cheques bearing no. 087981, 087982, 087984 and 087985 for an amount of Rs. 5,00,000/-, 5,00,000/-, 5,00,000/- and 3,00,000/- respectively on 31.03.2020, 29.02.2020, 30.04.2020 & 30.06.2020, a statutory demand notice is alleged to have been issued dated 06.06.2020 and it is further alleged that on 19.06.2020 again the legal notice was issued but despite service, the applicant did not pay the amount, thus, complaint was preferred under Section 138 of the NI Act on 05.11.2020 and the applicant came to be summoned 10.07.2023 under Section 138 of the NI Act. Learned counsel for the applicant submits that the statutory demand notice has been issued on a wrong address. According to the learned counsel for the applicant, the statutory demand notice was issued at the address 116/141 Dondipur, Nakhas Kohna, District Prayagraj whereas the address of the applicant is 161/141 Dondipur, Nakhas Kohna, District Allahabad. Learned counsel for the applicant submits that due to wrong mention of the address in the legal notice, the applicant had no knowledge about the same and even there happens to be cutting and overwriting in the complaint insofar as the address of opposite party no. 2 accused is concerned. Learned counsel for the applicant submits that the applicant at no point of time had drawn the cheque which is stated to have been dishonored. Learned counsel for the applicant submits that now non-bailable warrants have been issued. Learned counsel for the applicant submits that breathing time be accorded to the applicant to submit an application for recalling of the non bailable warrants and till the application is decided, no coercive action be taken. 4. Learned AGA, on the other hand, submits that he has no objection to the same. 5. Considering the submission so made across the bar as well as the stand taken by them, the application stands disposed of directing the applicant to submit an application for recalling of the non-bailable warrants by 31.07.2025 and on the said motion, the court below shall decide the same. 6. Till the disposal of the recall application seeking recall of the non-bailable warrants, no coercive action shall be taken against the applicant in the N.B.W. order dated 20.02.2024 and summoning order dated 10.07.2023 as well as entire criminal proceeding of Complaint - Case No. 1688 of 2020 (Sayyad Kamrul Aarfeen versus Smt. Almas Siddhiqui) pending before Additional Chief Judicial Magistrate Court No.7, Allahabad, under Section 138 N.I. Act Police Station Kareli, District Prayagraj. 7. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. 8. It is is open for the applicant to contest the said proceedings taking all legal and factual grounds and this Court has no reasons to disbelieve that the same shall be decided in accordance with law. Order Date :- 17.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad