Neutral Citation No. - 2025:AHC:84198 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13914 of 2025 Applicant :- Nitesh Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alpana Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Ms. Alpana Dwivedi, learned counsel for the applicant as per instructions has made a statement at Bar that though the application u/s 528 BNSS has been preferred by the applicant, wherein challenge has been raised for quashing the non-bailable warrants' order dated 07.03.2024 passed by learned Metropolitan Magistrate-III, Kanpur Nagar and also quash the impugned orders dated 22.01.2025 and 07.04.2025 passed by Special Judicial Magistrate, Room No.2, Kanpur Nagar in Complaint Case No.3312/2023 (Naim Ahmad Siddiqui vs. Nitesh Rai) under Section 138 of Negotiable Instruments Act, Police Station Kotwali, District Kanpur Nagar, pending before the learned Special Judicial Magistrate, Room No.2, Kanpur Nagar, however, since the applicant has made the entire payment, thus the applicant would prefer proceedings under Section 147 of the N.I. Act before the court below for compounding and 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. 2. Learned A.G.A. as well as counsel for O.P. No.2 have no objection to the same. 3. 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 31.05.2025 and the court below is directed to decide the same with most expedition, preferably within 45 days, in accordance with the law. 4. Till the disposal, no coercive action shall be taken against the applicant with respect to the non-bailable warrants' order dated 07.03.2024 passed by learned Metropolitan Magistrate-III, Kanpur Nagar and also orders dated 22.01.2025 and 07.04.2025 passed by Special Judicial Magistrate, Room No.2, Kanpur Nagar in Complaint Case No.3312/2023 (Naim Ahmad Siddiqui vs. Nitesh Rai) under Section 138 of Negotiable Instruments Act, Police Station Kotwali, District Kanpur Nagar, pending before the learned Special Judicial Magistrate, Room No.2, Kanpur Nagar. 5. 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 :- 20.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad