Neutral Citation No. - 2025:AHC:115833 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14655 of 2025 Applicant :- Abhinav Choudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Singh, Seema Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard Shri Satya Prakash Singh, learned counsel for the applicant and learned State Law Officer for the State. 3. This application under Section 528 BNSS has been filed by the applicant to quash the summoning order dated 19.08.2015 as well as Complaint Case No. 1602 of 2015 (Manish Kumar Saini Vs. A.R.K. India Private Limited) under Section 138 N.I. Act, Police Station-Indrapuram, District-Ghaziabad, pending in the Court of Additional Court, Court No. 2, Ghaziabad. 4. Learned counsel for the applicant submits that a complaint was lodged by the opposite party no. 2 against the applicant, company and other accused on 30.07.2015 with relation of a cheque of an amount of Rs. 2 lakhs bearing No. 520903 dated 28.05.2015. Submission is that on 19.08.2015 summoning order was issued by the court below but since the applicant was neither signatory of the cheque nor even the direction but employee. Non-bailable warrants came to be issued against the applicant and while inviting attention of the Court towards order-sheet, it is contended that even the parties have entered into compromise, however, proceedings are being undergone against the applicant. He submits that the applicant has not committed any offence, there is no legal debt or liability was accrued under Section 138 of the N.I. Act thereafter for the reasons beyond the control and comprehension of the applicant, the applicant could not join the proceedings, pursuant whereto non-bailable warrants have been issued. Learned counsel for the applicant seeks breathing time to file a recall application and till the recall application is being decided, no coercive action be taken. 5. Learned State Law Officer do not dispute the said fact. 6. Looking into the overall facts of the case, the application is disposed of directing the applicant to submit a recall application by 31.07.2025 and on the said motion, the court below shall decide the discharge application with most expedition. 7. Till the recall application is decided, no coercive action is being taken against the applicant in pursuance of the summoning order dated 19.08.2015 as well as Complaint Case No. 1602 of 2015 (Manish Kumar Saini Vs. A.R.K. India Private Limited) under Section 138 N.I. Act, Police Station-Indrapuram, District- Ghaziabad, pending in the Court of Additional Court, Court No. 2, Ghaziabad. 8. 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 :- 17.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad