Neutral Citation No. - 2025:AHC:101288 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20967 of 2025 Applicant :- Shailesh Govind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Akhilesh Kumar Mishra (AOR No. 0381/12) holding brief of Sri Ashutosh Pandey, learned counsel for the applicant as well as Sri Vikas Sharma, learned State Law Officer for the State. 2. This application U/s 528 BNSS has been preferred to quash the proceedings of complaint case no. 3300970 of 2017 (Nitin Kumar Garg vs. Shailesh Govind), under section 138 of N.I. Act, P.S. Nai Mandi, District Muzaffar Nagar including NBW order dated 23.08.2024 passed by the court of N.I. Act, Muzaffarnagar. 3. Learned counsel for the applicant has submitted that post lodging of a complaint U/s 138 of N.I. Act, the applicant was summoned on 10.11.2017 however, the applicant obtain bail but due to certain reasons beyond the control and the comprehension of the applicant, the applicant could not join the proceedings and remain absent pursuant whereto on 05.07.2024 and the non- bailable warrant has been issued. Learned counsel for the applicant confines his relief for a direction to the court below to decide the recall application which the applicant may file and in the meantime protection be accorded. 4. Learned State Law Officer has no objection to the prayer so made. 5. Considering the submissions so made across the bar, the present application is disposed of directing the applicant to submit a recall application for recalling of non-bailable warrant by 18.07.2025 and on the said motion, the court below shall decide the same strictly in accordance with law with most expedition say within a period of one month. 6. Till the disposal of the recall application for recalling the non- bailable warrant, no coercive action shall be taken against the applicant pursuant to complaint case no. 3300970 of 2017 (Nitin Kumar Garg vs. Shailesh Govind), under section 138 of N.I. Act, P.S. Nai Mandi, District Muzaffar Nagar including NBW order dated 23.08.2024 passed by the court of N.I. Act, Muzaffarnagar.. 7. The protection so accorded to the applicants shall be only in those contingencies wherein the applicants sticks to the timelines and does not violate any of the conditions of the order. In case of any violation, the protection stand vacated without reference to the Bench. Order Date :- 1.7.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad