Neutral Citation No. - 2025:AHC:81030 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16338 of 2025 Applicant :- Arpit Jaiswal Proprietor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balwant Kumar Singh,Chandra Dutt,Laloo Yadav,Shravan Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Balwant Kumar Singh, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the Summoning order dated 22.08.2024 passed by Court of Additional Civil Judge (Senior Division)-2/A.C.J.M, Gautam, Budh Nagar, along with entire proceeding, in Complaint No. 9239 of 2024 (M/s S.P.G Infraprojects Vs. M/s VASA Enterprises) under section- 138 Negotiable Instruments Act 1950, Police Station Sector 20 Noida, District-Gautam Budh Nagar, 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 Summoning order dated 22.08.2024 passed by Court of Additional Civil Judge (Senior Division)-2/A.C.J.M, Gautam, Budh Nagar, along with entire proceeding, in Complaint No. 9239 of 2024 (M/s S.P.G Infraprojects Vs. M/s VASA Enterprises) under section- 138 Negotiable Instruments Act 1950, Police Station Sector 20 Noida, District-Gautam Budh Nagar. 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 :- 16.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad