Neutral Citation No. - 2025:AHC:89768 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13789 of 2025 Applicant :- Shesh Nath Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Girijesh Kumar Srivastava (AoR No.A/G 0788/2012) holding brief of Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. 2. Though the application u/s 528 BNSS has been preferred by the applicant for quashing the summoning order dated 26.10.2023 passed by the learned Civil Judge (Junior Division) F.T.C.- Ist/Judicial Magistrate, Chandauli and entire proceedings of Complaint Case No.600171 of 2023 (Shiv Prasad vs. Shesh Nath), under Section-138 of Negotiable Instruments Act, Police Station- Balua, District-Chandauli, pending before the Court of learned Civil Judge (Junior Division) F.T.C.-Ist/Judicial Magistrate, Chandauli, however, he confines his relief for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded. 3. Learned A.G.A. as well as counsel for O.P. No.2 have no objection to the same. 4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 13.06.2025 and on the receipt of the same, the court below shall decide the compounding application with most expedition, preferably within a period of 45 days. 5. For a period of two months from today, no coercive action shall be taken against the applicant with respect to summoning order dated 26.10.2023 passed by the learned Civil Judge (Junior Division) F.T.C.-Ist/Judicial Magistrate, Chandauli and in Complaint Case No.600171 of 2023 (Shiv Prasad vs. Shesh Nath), under Section-138 of Negotiable Instruments Act, Police Station- Balua, District-Chandauli, pending before the Court of learned Civil Judge (Junior Division) F.T.C.-Ist/Judicial Magistrate, Chandauli. 6. The protection accorded to the applicant is only available subject to compliance of 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 :- 27.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad