Neutral Citation No. - 2025:AHC:76523 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16505 of 2025 Applicant :- Abhishek Trivedi @ Sonu Trivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajan Tripathi, learned counsel for the applicant as well as Sri Indrajeet Singh Yadav, learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the summoning order dated 16.4.2012 in Complaint Case No.4817 of 2011 (Lalit Narayan Vs. Abhishek Trivedi), under Section 138 of the N.I. Act, Police Station Kalyanpur, District Kanpur Nagar pending before the Court of Additional Chief Metropolitan Magistrate, Court No.2, Kanpur Nagar. 3. Contention of the learned counsel for the applicant is that with respect to dishonouring of a cheque on 16.11.2011 a complaint was preferred by the opposite party no.2 against the applicant under Section 138 of the N.I. Act in which on 16.4.2012, the applicant was summoned. 4. While inviting attention towards para 16 of the application, it is submitted that the applicant was enlarged on bail on 11.7.2019, however, due to certain circumstances beyond the comprehension and the control of the applicant, non-bailable warrants as well as Section 82/83 of the N.I. Act has been initiated. It is submitted that the applicant is ailing on account of heart-disease coupled with other related disease. 5. Learned counsel for the applicant submits that breathing time be accorded to the applicant to move the recall application for recalling of the non-bailable warrants and the consequential proceedings thereon. 6. Learned AGA has no objection to the same. 7. Considering the submissions so made across bar as well as the statements so made by the learned counsel for the applicant, the applicant is directed to prefer an appropriate application/proceedings of the recall of the order dated 30.5.2025 and the court below shall decide the same with most expedition strictly in accordance with law subject to compliance which made by the applicant as required under the statute. 8. For a period of 45 days or till the recall application is decided, no coercive action shall be taken against the applicant in Complaint Case No.4817 of 2011 (Lalit Narayan Vs. Abhishek Trivedi), under Section 138 of the N.I. Act, Police Station Kalyanpur, District Kanpur Nagar pending before the Court of Additional Chief Metropolitan Magistrate, Court No.2, Kanpur Nagar. Order Date :- 12.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad