Neutral Citation No. - 2025:AHC:115792 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10312 of 2025 Applicant :- Waziullah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranjeet Asthana Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Ritesh Kumar Singh, learned counsel for the applicant and Shri R.K. Ojha, learned State Law Officer for the State. 2. This application under Section 528 BNSS has been filed by the applicant to quash to set-aside the impugned summoning order dated 07.10.2021 passed by learned Additional Chief Judicial Magistrate/ Senior Division 1st Civil Court Gorakhpur in Complaint case no. 15640 of 2021 under section 138 Ν.Ι. Act P. S. Cantt District Gorakhpur (Smt Niharika Singh V/s Waziullah). 3. Learned counsel for the applicant submits that post dishonour of a cheque, the applicant was summoned under Section 138 of the N.I. Act on 07.10.2021 thereafter for the reasons beyond the control and comprehension of the applicant, the applicant could not join the proceedings, pursuant whereto, non-bailable warrants have been issued. Learned counsel for the applicant seeks breathing time to file a recall application and till the recall application is being decided, no coercive action be taken. 4. Learned State Law Officer do not dispute the said fact. 5. Looking into the overall facts of the case, the application is disposed of directing the applicant to submit a recall application by 31.07.2025 and on the said motion, the court below shall decide the discharge application with most expedition. 6. Till the recall application is decided, no coercive action is being taken against the applicant in pursuance of the impugned summoning order dated 07.10.2021 passed by learned Additional Chief Judicial Magistrate/ Senior Division 1st Civil Court Gorakhpur in Complaint case no. 15640 of 2021 under section 138 Ν.Ι. Act P. S. Cantt District Gorakhpur (Smt Niharika Singh V/s Waziullah). 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. Order Date :- 17.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad