Neutral Citation No. - 2025:AHC:52619 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11896 of 2025 Applicant :- Dinesh Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- P.K. Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri P.K. Upadhyay, learned counsel for the applicant, as well as Sri Jyoti Singh, learned A.G.A. for the State/O.P. No.1. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the entire criminal proceedings including the impugned non-bailable warrant dated 20.2.2025 and summoning order dated 26.11.2021 passed by Special Chief Judicial Magistrate, Allahabad in Criminal Complaint Case No.93 of 2020 (Neha Singh Vs. Dinesh Kumar Pandey), under Section 138 of the N.I. Act, Police Station Coloneganj, District Prayagraj, pending in the court of Special Chief Judicial Magistrate, Allahabad. 3. Learned counsel for the applicant has submitted that a complaint stood lodged by the opposite party no.2 on 20.1.2020 with an allegation that two cheques amounting to Rs.6,50,000/- each totaling to Rs.13,00,000/- when presented in the bank stood dishonoured communication whereof was made to the opposite party no.2 on 2.12.2019, a demand notice was issued on 9.12.2019 which was served upon the applicant on 10.12.2019 and thereafter a complaint was filed. 4. Learned counsel for the applicant submits that from the perusal of the demand notice dated 9.12.2019 the address of the applicant was shown to be resident of Parivartan Apartment, 3rd Floor-38A, Thornhill Road, Prayagraj-211002, presently residing at Shakti Coaching, City Hospital, Campus, Georgetown, Jawaharlal Nehru Road, Prayagraj. He further submits that a summoning order stood issued on 26.11.2021 by the court of Special Additional Chief Judicial Magistrate, Allahabad and thereafter on 3.2.2025 an application through counsel was preferred by the opposite party no.2 on 3.3.2025 mentioning therein that the present address of the applicant is C-6, Raj Niwas, District Prayagraj, near NHAI Office, S.N. Marg, Civil Lines, Commissionrate, Prayagraj, a copy of the application is Annexure-6 at page 53 of the paper book reference whereof has been made in paragraph-12 of the application. 5. Submission of learned counsel for the applicant is that on 20.2.2025 non-bailable warrant has been issued. He thus, submits that there was no question of issuing non-bailable warrant particularly when there happens to be recital of an incorrect address and an application stood preferred on 3.3.2025 for apprising the Court about the present address of the applicant. He also submits that the applicant shall be moving the application for recall and till such an application is decided interim protection be accorded. 6. Learned A.G.A. has no objection to the same. 7. Considering the submissions so made across the bar, the application stands disposed of requiring the applicant to prefer a recall application before the court below by 30.4.2025 and on the said motion, the court below shall decide the application within a period of one month thereafter in accordance with law. 8. Till 31.5.2025, no coercive action shall be taken against the applicant in the proceedings of Criminal Complaint Case No.93 of 2020 (Neha Singh Vs. Dinesh Kumar Pandey), under Section 138 of the N.I. Act, Police Station Coloneganj, District Prayagraj. The protection accorded to the applicants 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 :- 10.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad