Neutral Citation No. - 2025:AHC:74013 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13504 of 2025 Applicant :- Pradeep Kumar Upadhya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Ankit Kapoor, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the entire proceeding of complainant case no. 213 of 2023 (Vineet Kumar Mishra Vs. Pradeep Kumar Upadhya), Under Sections 138 Negotiable Instrument Act, Police Station Lalpur, District Varanasi as well as impugned Summoning Order dated 13.06.2023 passed by Additional Court, Varanasi in Complaint Case no. 213 of 2023 (Vineet Kumar Mishra Vs. Pradeep Kumar Upadhya), Under Sections 138 Negotiable Instrument Act, Police Station Lalpur, District Varanasi, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 16.05.2025 and on the submission of the same, the court below shall decide the same within 45 days and, in case, such proceeding is preferred before the court concerned, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Damodar S Prabhu (supra). 4. Till application is decided, no coercive action shall be taken against the applicant with respect to proceeding of complainant case no. 213 of 2023 (Vineet Kumar Mishra Vs. Pradeep Kumar Upadhya), Under Sections 138 Negotiable Instrument Act, Police Station Lalpur, District Varanasi as well as impugned Summoning Order dated 13.06.2023 passed by Additional Court, Varanasi in Complaint Case no. 213 of 2023 (Vineet Kumar Mishra Vs. Pradeep Kumar Upadhya), Under Sections 138 Negotiable Instrument Act, Police Station Lalpur, District Varanasi. 5. 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 :- 7.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad