Neutral Citation No. - 2025:AHC:66095 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13333 of 2025 Applicant :- Pushpendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Today when the matter has been taken up, Sri Ajay Shankar has made a statement at bar that he appears for the bank and he has instruction in the matter. 2. Heard Sri Narendra Kumar, learned counsel for the applicant as well as Sri Sudhir Kumar Chandraul, learned AGA for the State/opposite party no.1 and Sri Ajay Shankar (AOR No.0277/12), learned counsel for the opposite party no.2. 3. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the entire proceeding of Complaint Case No.211 of 2022 (UCO Bank through its Manager Vs. Pushpendra Kumar), under Section 138 of the N.I. Act, Police Station Kotwali, District Mainpuri as well as summoning order dated 22.12.2022, pending in the court of learned Additional Chief Judicial Magistrate 1st, Mainpuri. 4. Learned counsel for the applicant has submitted that though a financial assistance under the Pradhan Mantri Mudra Yojna (PMMY), was taken to the tune of Rs.1,90,000/-, however, pursuant to an OTS now the matter stands settled between the parties however prior to it from 7.10.2022 a complaint stood lodged regarding dishonouring of a cheque. He further submits that now non-bailable warrants have been issued against the applicant on 2.1.2025. 5. Sri Ajay Shankar, who appears for the opposite party no.2 submits that in view of the fact that there happens to be OTS settlement between the parties so the bank would be proceeding for withdrawing of the said criminal case purported to be under Section 138 of the N.I. Act. He further submits that the date was fixed on 28.4.2025 but on account of certain unforeseeable circumstances, the application could not be filed but the application would be filed on the next date fixed. 6. Learned counsel for the applicant also submits that the protection be accorded to the applicant. 7. Considering the submissions so made across the bar and the specific stand taken by the opposite party no.2, the application stands disposed of requiring the applicant to file recall application for recalling the order for non-bailable warrant dated 2.1.2025 along with the certified copy of the order passed today. On the said application, the court below shall pass appropriate orders. 8. Till the recall application is decided, no coercive action shall be taken against the applicant in Complaint Case No.211 of 2022 (UCO Bank through its Manager Vs. Pushpendra Kumar), under Section 138 of the N.I. Act, Police Station Kotwali, District Mainpuri as well as summoning order dated 22.12.2022, pending in the court of learned Additional Chief Judicial Magistrate 1st, Mainpuri. Order Date :- 29.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad