Neutral Citation No. - 2025:AHC:86113 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14709 of 2025 Applicant :- Brajesh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra,Sandip Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the entire proceeding of Case no.1525/2024, Rajnesh Kumar Versus Brajesh Kumar, under section 138 of Negotiable Instruments Act, P.S. Kotwali Fatehgarah, District -Farrukhabad, pending before the Court of Additional Chief Judicial Magistrate, Fast Track Court, Farrukhabad as well as summoning order dated 31.08.2024 passed by learned Additional Chief Judicial Magistrate, Fast Track Court, Farrukhabad, in Case no.1525/2024, Rajnesh Kumar Versus Brajesh Kumar under section 138 of Negotiable Instruments Act, P.S. Kotwali Fatehgarah, District - Farrukhabad, 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 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 30.05.2025 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 the application is decided, no coercive action shall be taken against the applicant with respect to proceeding of Case no.1525/2024, Rajnesh Kumar Versus Brajesh Kumar, under section 138 of Negotiable Instruments Act, P.S. Kotwali Fatehgarah, District -Farrukhabad, pending before the Court of Additional Chief Judicial Magistrate, Fast Track Court, Farrukhabad as well as summoning order dated 31.08.2024 passed by learned Additional Chief Judicial Magistrate, Fast Track Court, Farrukhabad, in Case no.1525/2024, Rajnesh Kumar Versus Brajesh Kumar under section 138 of Negotiable Instruments Act, P.S. Kotwali Fatehgarah, District - Farrukhabad. 5. 5. The protection accorded to the applicant 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 :- 20.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad