Neutral Citation No. - 2025:AHC:85096 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16824 of 2025 Applicant :- Shravan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Arvind Kumar, learned counsel for the applicant as well as Sri S.K. Singh, learned State Law Officer. 2. This is an application filed U/s 528 BNSS for quashing order dated 06.02.2025 whereby non-bailable warrant has bee issued against the applicant passed by Additional Civil Judge (S.D)/ FTC, Chitrakoot in complaint case no. 4083 of 2022 (Sanjay Pandey vs. Shravan Kumar) U/s 138 of N.I. Act P.S. Karwi, District Chitrakoot pending in the court of learned Additional Civil Judge (S.D.)/ FTC, Chitrakoot. 3. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party no.2 against the applicant U/s 138 of N.I. Act with relation to dishonour of a cheque bearing no. 000153 amounting to Rs. 1 lac followed by a statutory demand notice and the applicant was summoned on 06.12.2022 under Section 138 of N.I. Act, however, the applicant obtained bail on 03.10.2024. Due to the reasons beyond the control of the applicant, the applicant could not appear before the court on the date fixed in the matter and on 06.02.2025 non-bailable warrants have been issued. The prayer in the present application which has been confined by the applicant is to the extent that a breathing period be accorded to the applicant to file a recall application and till disposal of the same, protection be accorded. 4. Learned AGA has not objection to the same. 5. Considering the submissions so made across the bar as well as the statement so made by the counsel for the applicant as per the instruction, the application stands disposed directing the applicant to file a recall application along with a certified copy of the order by 30.05.2025 and the court below shall thereafter decide the same within a period of 45 days. 6. Till the disposal of the bail application, no coercive action shall be taken against the applicant with respect to the order dated 06.02.2025 whereby non-bailable warrant has bee issued against the applicant passed by Additional Civil Judge (S.D)/ FTC, Chitrakoot in complaint case no. 4083 of 2022 (Sanjay Pandey vs. Shravan Kumar) U/s 138 of N.I. Act P.S. Karwi, District Chitrakoot pending in the court of learned Additional Civil Judge (S.D.)/ FTC, Chitrakoot. 7. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided therein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 20.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad