Neutral Citation No. - 2025:AHC:106323 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22553 of 2025 Applicant :- Pranayaa Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jayant Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Ritesh Kumar Singh, learned counsel for the applicants and Shri R.K. Ojha, learned State Law Officer for the State. 2. This application under Section 528 BNSS has been filed by the applicant to quash the summoning order dated 12.10.2018 passed by Additional Judicial Magistrate, Chakiya, District Chandauli under section 138 N.I. Act as well as entire further criminal proceeding in Complaint Case No. 649 of 2017 (Chandrakesh Vs Pranaya Srivastava) Pending in the Court of Additional Judicial Magistrate, Chakiya, District Chandauli. 3. Learned counsel for the applicant submits that post dishonour of a cheque, the applicant was summoned under Section 138 of the N.I. Act on 12.10.2018 thereafter for the reasons beyond the control and comprehension of the applicant, the applicant could not join the proceedings, pursuant whereto on 22.01.2025, non- bailable warrants have been issued. Learned counsel for the applicant seeks breathing time to file a recall application and till the recall application is being decided, no coercive action be taken. 4. Learned State Law Officer do not dispute the said fact. 5. Looking into the overall facts of the case, the application is disposed of directing the applicant to submit a recall application by 08.08.2025 and on the said motion, the court below shall decide the discharge application with most expedition. 9. Till the discharge application is decided, no coercive action is being taken against the applicant in pursuance of the summoning order dated 12.10.2018 passed by Additional Judicial Magistrate, Chakiya, District Chandauli under section 138 N.I. Act as well as entire further criminal proceeding in Complaint Case No. 649 of 2017 (Chandrakesh Vs Pranaya Srivastava) Pending in the Court of Additional Judicial Magistrate, Chakiya, District Chandauli. Order Date :- 7.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad