Neutral Citation No. - 2025:AHC:84256 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14659 of 2025 Applicant :- Dharmendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar,S Sengar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ajay Sengar, learned counsel for the applicant as well as Sri Sandeep Srivastava, learned State Law Officer for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to set aside the order dated 24.03.2025 passed by the learned Chief Judicial Magistrate, Jalaun at Orai and quash the entire proceedings in Complaint Case No. 5665 of 2019 (Raj Kishore Dwivedi Versus Dharmendra Singh), Under Section 138 of the Negotiable Instrument Act, 1881, Kotwali Orai, District Jalaun, pending before the learned Chief Judicial Magistrate, Jalaun at Orai. 3. Learned counsel for the applicant has submitted that with relation to a dishonouring of a cheque of Rs.3 lakh a complaint was lodged by the opposite party no.2 on 25.10.2019 however, the applicant has deposited an amount of Rs.2,07,000/- and remaining Rs.93,000/- remains to be paid and application for deposit of the said amount but the court below has ordered as under:- "Complainant says that full amount has not been paid, No ground to allow without consent of complainant and without full payment of." 4. Learned counsel for the applicant submits that on 3.7.2023 non bailable warrants have been issued and submits that due to certain reason beyond comprehension and control of the applicant, he could not present himself and join the proceedings. He further submits that breathing time be accorded to the applicant to move the recall application for recalling of the non-bailable warrants and the consequential proceedings thereon. 5. Learned State Law Officer has no objection to the same. 6. Considering the submissions so made across bar as well as the statements so made by the learned counsel for the applicant, the applicant is directed to prefer an appropriate application/proceedings of the recall of the order dated 30.5.2025 and the court below shall decide the same with most expedition strictly in accordance with law subject to compliance which made by the applicant as required under the statute. 7. For a period of 45 days or till the recall application is decided, no coercive action shall be taken against the applicant in Complaint Case No. 5665 of 2019 (Raj Kishore Dwivedi Versus Dharmendra Singh), Under Section 138 of the Negotiable Instrument Act, 1881, Kotwali Orai, District Jalaun, pending before the learned Chief Judicial Magistrate, Jalaun at Orai. 8. Accordingly, the application stands disposed of. Order Date :- 20.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad