Neutral Citation No. - 2025:AHC:89881 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14895 of 2025 Applicant :- Firm Simmi Enterprises Rakesh Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Pandey,Mritunjay Verma,Shashank Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Manish Pandey, 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 18.10.2024 passed by Civil Judge (Junior Division)/Judicial Magistrate, Sambhal at Chandausi in Complaint Case No. 888 of 2024 (Lochan @ Company through Partner Sanjay Kumar Vs. Firm Simmi Enterprises through Prop. Rakesh Agrawal) Under Section 138 Negotiable Instrument Act, Police Station Chandausi, District- Sambhal pending before the Court of Civil Judge (Junior Division)/Judicial Magistrate, Sambhal at Chandausi, but learned counsel for the applicant has made a statement at Bar that as per instructions received by him, the applicant would approach the court below 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. has 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 06.06.2025 and the court below is directed to decide the same with most expedition, preferably within 45 days. 5. Till 45 days from today, no coercive action shall be taken against the applicant with respect to the proceeding with respect to the summoning order dated 18.10.2024 passed by Civil Judge (Junior Division)/Judicial Magistrate, Sambhal at Chandausi in Complaint Case No. 888 of 2024 (Lochan @ Company through Partner Sanjay Kumar Vs. Firm Simmi Enterprises through Prop. Rakesh Agrawal) under Section 138 Negotiable Instrument Act, Police Station Chandausi, District- Sambhal pending before the Court of Civil Judge (Junior Division)/Judicial Magistrate, Sambhal at Chandausi. 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