Neutral Citation No. - 2025:AHC:118090 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25488 of 2025 Applicant :- Shivnath Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uday Shankar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. On the oral request of learned counsel for the applicant, he is permitted to correct the prayer clause. 2. Sri Uday Shankar Tiwari, learned counsel for the applicant as per the instructions submits that due to circumstances which are beyond the control and the comprehension of the applicant non- bailable warrants came to be issued on 12.11.2024 in the proceedings under Section 138 of the NI Act in Complaitn Case No. 974 of 2016 under Section 138 of the NI Act, however, he seeks breathing time to file recall application. 3. Sri Sudhir Kumar Chandraul, learned AGA has no objection to the same. 4. Considering the submission so made across the bar as well as the stand taken by them, the application stands disposed of directing the applicant to submit an application for recalling of the non-bailable warrants by 31.07.2025 and on the said motion, the court below shall decide the same. 5. Till the disposal of the recall application seeking recall of the non-bailable warrants, no coercive action shall be taken against the applicant in the operation of NBW dated 22.12.2023 and consequential orders passed by Additional Chief Judicial Magistrate-III, Varanasi in Complaint Case No. 974 of 2016 (Sandhya Pandey Vs. Shivnath Mishra), under section 138, N.I. Act, Police Station: Lanka, District: Varanasi. 6. 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. 7. It is is open for the applicant to contest the said proceedings taking all legal and factual grounds and this Court has no reasons to disbelieve that the same shall be decided in accordance with law. Order Date :- 21.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad