Neutral Citation No. - 2025:AHC:82612 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16591 of 2025 Applicant :- Smt. Sukhlesh Rani Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Singh,Rakesh Kumar Verma Counsel for Opposite Party :- Santosh Yadav,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Devendra Singh, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State and Sri Sarvesh Yadav, Advocate holding brief of Sri Santosh Yadav, learned counsel for opposite party no.2. 2. This is an application filed U/s 528 BNSS for quashing the order dated 15.02.2025 whereby non-bailable warrant has been issued against the applicant, passed by Additional Civil Judge-II Agra in case no.01 of 2015 (Raghuveer Singh Chonkar vs. Smt. Sukhlesh Rani Yadav) U/s 138 of N.I. Act, P.S. Sadar, District Agra pending in the court of learned Presiding Officer, Additional Court no. 2, Agra. 3. Learned counsel for the applicant submitted that a complaint was lodged by the opposite party no.2 against the applicant on 02.01.2015 with an allegation that a cheque bearing no. 214827 which was drawn by the applicant stood dishonoured on 15.10.2024, a demand notice was issued on 24.11.2014, thereafter, on 05.10.2018 the applicant has been summoned. Learned counsel for the applicant submits that non-bailable warrants have been issued on 15.02.2025 by the court below and further proceeding under section 82 of Cr.P.C. has also been initiated. The prayer which has been confined in the present application is for granting opportunity to the applicant to file a recall application for recalling the non-bailable-warrant as well as the order U/s 82 Cr.P.C. 4. Sri Sarvesh Yadav, learned counsel for the opposite party no.2 has referred the order dated 18.12.2024 passed in application U/s 482 Cr.P.C. No.28460 of 2024 which reads as under: "1. Heard Sri Ajay Kumar, learned counsel for the applicant as well as Sri Sunil Kumar Kushwaha, learned A.G.A for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 01.07.2024 passed by learned Trial Court, Special Judge 138 N.I. Act, Agra as well as entire proceedings of Complaint Case No.1 of 2015 (Raghuveer Singh Chhaunkar Vs. Sukhlesh Rani Yadav), under Section 138 N.I. Act, Police Station Sadar Bazar, District Agra, pending in the court of lSpecial Chief Judicial Magistrate, Varanasi and impugned order dated 26.07.2024 passed by learned Session Judge, Agra in Criminal Revision No. of 2024 (Sukhlesh Rani Vs. State), under Section 138 N.I. Act, P.S. Sadar Bazar, District Agra. 3. Contention of learned counsel for the applicant is that the cheque in question though signed by the applicant but he has not written the amount as well as payee name in the cheque, therefore, his application for examination of the writing be examined through handwriting expert. 4. Per contra, learned A.G.A. has submitted that there is no illegality in the impugned proceeding. 5. After hearing learned counsel for the parties and on perusal of record, it appears that in his examination under Section 251 Cr.P.C., he had admitted his signature over the cheque in question and he has disputed the writing regarding amount of cheque as well as payee name in the cheque in question and requested in his application that writing may be examined by handwriting expert but his application was rejected by order dated 01.07.2024 against which revision is also rejected. The Apex Court in the case of Bir Singh Vs. Mukesh Kumar, 2019 (4) SCC 197, thereafter again in Rajesh Jain Vs. Ajay Singh, 2023 (10) SCC 148, has observed that even in the blank cheque signed by the drawer, remaining details may be filled up by any other person then cheque cannot be said to be invalid. 6. In view of the above, this Court does not find any illegality in the impugned orders and present application is dismissed. " 5. He submits that though it is open for the applicant to file a recall application but a time bound direction be issued so as to ensure that the proceedings are not been hampered and are given logical ends as per sub-section 3 of Section 143 of N.I. Act. 6. Learned AGA does not dispute the said fact. 7. At this juncture, Sri Devendra Singh, learned counsel for the applicant, as per the specific instructions of his client has made a statement at bar that the applicant shall participate in the proceedings post filing of a recalling application. 8. Considering the submissions so made across the bar, the present application is disposed of in the following manner: a) The applicant shall file a recall application for recalling of the non-bailable warrants and the proceedings U/s 82 of Cr.P.C. b) The said application shall be filed by 30.05.2025. c) The court below shall pass an order by 13.06.2025. d) Since the applicant himself has made a statement they shall participate in the proceedings, thus the court below shall conclude the proceedings as per the provisions contained U/s 143 (3) of N.I. Act. 9. 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 :- 17.5.2025 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