Neutral Citation No. - 2025:AHC:79700 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13848 of 2025 Applicant :- Prabhat Singh @ Sonu @ Prabhat Singh Sikarwar Opposite Party :- State of U.P. and another Counsel for Applicant :- Manvendra Singh,Rishabh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Manvendra Singh, learned counsel for the applicant and Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred for quashing the summoning order dated 02.06.2016 passed by Judicial Magistrate, Jalaun, District Jalaun in Complaint Case No. 1141 of 2014, Under Section 138 Negotiable Instruments Act, 1881, Police Station Jalaun, District Jalaun, by which applicant has been summoned for facing trial as well as quash the entire proceeding of Complaint Case No. 1141 of 2014, Under Section 138 Negotiable Instruments Act, 1881, Police Station Jalaun, District Jalaun as well as quash the order dated 20.01.2025, by which non bailable warrants have been issued against the applicant, same pending in the Court of learned Civil Judge (Junior Division)/Judicial Magistrate. Jalaun. District Jalaun (Shivpratap Singh Vs. Prabhat Singh @ Sonu). 3. Learned counsel for the applicant has submitted that post lodging of a complaint under Section 138 of the NI Act relatable to the dishonoring of cheque of an amount of Rs. 2,50,000/- dated 20.07.2024 on 27.10.2024, the applicant was summoned on 02.06.2016 thereafter, the applicant obtained bail on 28.02.2017, however, on account of certain improbable situations which are inconceivable and beyond the control of the applicant, he could not present himself and join the proceedings on 20.01.2025 so a non- bailable warrant has been issued. Learned counsel for the applicant submits that though the cheque itself was present after a period of three months and as per Section 138 of the NI Act and the guidelines of the Reserve Bank of India, the cheque is not to be presented within three three months from the date of the issue, the proceedings cannot go on. He submits that one of the reasons for dishonor is insufficient fund and out of date. He further submits that the summoning order as well as the complaint be quashed. 4. Learned AGA, on the other hand, has opposed the application while contending that once the summoning order was issued in the year 2016 and the applicant has been enlarged on bail on 28.02.2017 and further as per his own saying a non bailable warrant has been issued on 20.01.2025, thus, it is open for the applicant to contest the said proceedings and file a recall application for recalling of the non bailable warrant. 5. Considering the facts and circumstances of the case, the application stands disposed of directing the applicant to prefer a recall application/other proceedings which is contemplated and permissible under law and on the said motion the court below shall decide the said proceedings which would be initiated by the applicant permissible and advisable under law. Order Date :- 14.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad