Neutral Citation No. - 2025:AHC:93199 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19765 of 2025 Applicant :- Surendra Pratap Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Yadav,Ashutosh Kumar,Durga Kumari,Hemanta Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Ms. Durga Kumari, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. 2. Though the application u/s 528 BNSS has been preferred by the applicant for quashing the summoning order dated 22.10.2024 as well as Bailable Warrant dated 25.11.2024 passed by the learned A.C.J.M. Court no.5, District Agra in Complaint Case no. 3091 of 2024 (M/s Mahindra and Mahindra Finance Services Limited Versus Surendra Pratap) under section 138 N.I. Act, P.S. Haripervat District Agra pending in the Court of A.C.J.M. Court no.5, District Agra, but learned counsel for the applicant has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded. 3. Learned A.G.A. has no objection to the same. 4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 15.06.2025 and the court below is directed to decide the same with most expedition, preferably within two months. 5. Till 60 days from today, no coercive action shall be taken against the applicant with respect to the summoning order dated 22.10.2024 as well as Bailable Warrant dated 25.11.2024 passed by the learned A.C.J.M. Court no.5, District Agra in Complaint Case no. 3091 of 2024 (M/s Mahindra and Mahindra Finance Services Limited Versus Surendra Pratap) under section 138 N.I. Act, P.S. Haripervat District Agra, pending in the Court of A.C.J.M. Court no.5, District Agra. 6. 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 :- 30.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad