Neutral Citation No. - 2025:AHC:88753 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16669 of 2025 Applicant :- Jitendra Kumar Bharti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Priya Dubey,Ravi Jha,Sharadey Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Ms. Priya Dubey, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire proceeding of Complaint Case No. 2602 of 2022 (Lalji Kanaujia va. Jitendra Kumar Bharti) and summoning order dated 14.03.22, as well as issuing a non-bailable warrant against him dated 27.02.2025 u/s 138 N.I. Act, PS- Kotwali, District- Ghazipur, pending in the court of Addl. Civil Judge (JD)/JM-08, Ghazipur. 3. Learned counsel for the applicant has submitted that a complaint was lodged by O.P. No.2 on 04.03.2022 against the applicant under Section 138 of the N.I. Act with relation to dishonouring of a cheque of an amount of Rs.1,16,500/- bearing number "923449" dated 01.12.2021 on 16.12.2021 followed by a statutory demand notice dated 18.01.2022 and the complaint on 04.03.2022. Thereafter the applicant was summoned on 14.03.2022 under Section 138 of the N.I. Act. 4. Questioning the summoning order, the present applicant has been filed. 5. Learned counsel for the applicant submits that the complaint may not be maintainable and it is bound to fail, particularly in view of the provisions contained under Section 138(b) of N.I. Act, the statutory notice post communication of the dishonour of the cheque is to be made within a period of 30 days. However, here in the present case, the cheque stood dishonoured on 16.12.2021 and the statutory demand notice was issued on 18.01.2022. Further submission is that no legally enforceable debt or liability stand attracted upon the applicant. 6. Learned A.G.A. on the other hand submits that whatever might be the contentions of the applicant, however, summoning order is dated 14.03.2022, and on 27.02.2025 non-bailable warrnat has also been issued. He submits that the entire order sheet is also not available on record. Submission is that after inordinate and unexplained delay, the present application has been filed after approximately three years. 7. At this juncture, learned counsel for the applicant submits that the applicant has obtained bail, however, due to unavoidable circumstances beyond control and comprehension of the applicant, he could not join the said proceedings while being present on 27.02.2025 the non-bailable warrants have been issued. Learned counsel for the applicant however submits that as per the instructions received by her, the applicant be accorded protection and the applicant shall be filing an application for recalling of the non-bailable warrant. 8. Considering the submissions raised at the Bar, the application stands disposed of directing the applicant to submit application for recalling of non-bailable warrant by 20.06.2025 and on the said application, the court below shall decide the same within a further period of month, subject to the statutory compliance, which have to be made by the applicant. 9. Till the disposal of the same, no coercive action shall be taken against the applicant in Complaint Case No. 2602 of 2022 (Lalji Kanaujia va. Jitendra Kumar Bharti) and summoning order dated 14.03.22, as well as in non-bailable warrant dated 27.02.2025 u/s 138 N.I. Act, PS- Kotwali, District- Ghazipur, pending in the court of Addl. Civil Judge (JD)/JM-08, Ghazipur. 10. 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 :- 26.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad