HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21193 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Alok Singh, learned counsel for the applicant submits that though the present application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the entire proceedings as well as impugned summoning order dated 24.09.2019, passed by the learned Additional Presiding Officer Court No. 2, Agra in Complaint Case No.375 of 2019 [New Case No. 9416/2019 ] (Chaudhary Bashir Vs. M/s Alshifa Food Frozen and Another), Under Section 138 of the Negotiable Instrument Act, Police Station Mantola, District Agra, pending in the court of Learned Additional Chief Judicial Magistrate-IIIrd, Agra, however non bailable warrants and proceedings under Section 82 of the Cr.P. C. have already been initiated. He further submits that the applicant shall file an application for recalling of the said order and till the said application is decided protection be accorded. 2. Learned AGA and Sri Rishabh Agarwal, learned counsel for the opposite party no.2 have no objection to the same. 3. Considering the submissions so made across the bar, the application stand disposed of directing the applicant to submit an appropriate application for recalling of non-bailable warrants by 16.10.2025 and on the said motion the court below shall decide the same strictly in accordance with law with most expedition. 4. Till the disposal of the application, no coercive action shall be taken against the applicant in Complaint Case No.375 of 2019 [New Case No. Versus Counsel for Applicant(s) : Alok Singh, Durgesh Sharma Counsel for Opposite Party(s) : G.A., Rishabh Agarwal Mohammad Mursleen .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 9416/2019 ] (Chaudhary Bashir Vs. M/s Alshifa Food Frozen and Another), under Section 138 of the Negotiable Instrument Act, Police Station Mantola, District Agra, pending in the court of Learned Additional Chief Judicial Magistrate-IIIrd, Agra. 5. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. September 23, 2025 piyush NA528 No. 21193 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad