Neutral Citation No. - 2025:AHC:124365 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20033 of 2025 Applicant :- Manoj Kharwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Shekhar Singh,Shalini Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri S. Singh, learned counsel for the applicant submits that though the present application has been preferred to quash the impugned summoning order dated 13.06.2018 as well NBW+ 82 of Cr.P.C dated 21.03.2025 passed by the Chief Judicial Magistrate, Mau in Criminal Complaint Case No.4853 of 2017 (Amit kumar Singh vs Manoj Kharwari), under Section 138 N.I. Act, District Mau, pending before him as well as entire proceedings of Criminal Complaint Case No.4853/2017 (Amit kumar Singh vs Manoj Kharwar), under Section 138 N.I. Act, pending before the Court of Chief Judicial Magistrate, Mau, however, he confines his relief for preferring a recall application for recalling of the non-bailable warrants issued on 21.03.2025. 2. Learned AGA has no objection to the same. 3. Considering the submission so made across the bar, the application stands disposed of directing the applicant to submit a recall application for recalling of the order dated 21.03.2025 by 05.08.2025. The court below shall decide the recall application and subject to the statutory compliance as mandated under the statute by the applicant whichever is necessary. 4. Till the disposal of the complaint, no coercive action shall be taken against the applicant in proceedings of summoning order dated 13.06.2018 as well NBW+ 82 of Cr.P.C dated 21.03.2025 passed by the Chief Judicial Magistrate, Mau in Criminal Complaint Case No.4853 of 2017 (Amit kumar Singh vs Manoj Kharwari), under Section 138 N.I. Act, District Mau, pending before him as well as entire proceedings of Criminal Complaint Case No.4853/2017 (Amit kumar Singh vs Manoj Kharwar), under Section 138 N.I. Act, pending before the Court of Chief Judicial Magistrate, Mau. 5. The protection so accorded today, shall only be available to the applicant in those contingencies wherein, applicant stick to the timeline and does not commit any default to the order passed by this Court. Order Date :- 28.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad