Neutral Citation No. - 2025:AHC:106342 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 21974 of 2025 Applicant :- Gyan Prakash Gautam Alias Babloo Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Pal,Mahesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mahesh Prasad, learned counsel for the applicant and Sri Kripa Shankar, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the Complaint Case No. 36057/2024 (Gokul Saini vs. Gyan Prakash Gautam) under section 138 Ν.Ι. Act in Police Station Cantt District Gorakhpur as well as summoning order dated 21.10.2024 passed by Additional Civil Judge J.D. Court No.1 Gorakhpur and Non Bailable warrant dated 2.4.2025 issued by Additional Civil Judge J.D. Court No.1 Gorakhpur. 3. Learned counsel for the applicant has submitted that post lodging of the proceedings under Section 138 of the NI Act on 23.08.2024 with respect to dishonor of a cheque bearing No. 577434 of Rs. 2,12,000/- the applicant came to be summoned under Section 138 of the NI Act on 21.10.2024 thereafter, due to certain reasons beyond the comprehension and the control of the applicant non-bailable warrants issued on 02.04.2025. Learned counsel for the applicant submits that breathing time be accorded to the applicant to submit, a recall application for recalling of the non-bailable warrants and till the non-bailable warrants is recalled, no coercive action shall be taken against the applicant. 4. Learned AGA has no objection to the same. 5. 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 02.04.2025 by 22.07.2025. The court below shall decide the recall application and subject to the statutory compliance as mandated under the statute by the applicant which ever is necessary. 6. Till the disposal of the complaint, no coercive action shall be taken against the applicant in proceedings of Complaint Case No.36057/2024 (Gokul Saini Vs. Gyan Prakash Gautam) under Section 138 N.I.Act and summoning order dated 21-10-2024 passed by Additional Civil Judge J.D. Court No.1 Gorakhpur and Non Bailable warrant dated 2-4-2025 issued by Additional Civil Judge J.D. Court No.1 Gorakhpur. Order Date :- 7.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad