HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26443 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Mr. Nikil Pathak, learned counsel for the applicants, on instructions, submits that though the application has been preferred to quash the impugned summoning order dated 21.01.2019 passed by Learned Chief Judicial Magistrate, Hapur, as well as entire proceeding of Complaint Case No.30 of 2019, Under Section 138 of the Negotiable Instruments Act, 1881, Police Station- Kotwali Nagar, District-Hapur, pending in the Court of Learned Chief Judicial Magistrate, Hapur, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicants to prefer appropriate application for compounding under Section 147 of N.I. Act by 30.10.2025, then this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Damodar S Prabhu (supra). 4. Till application is decided, no coercive action shall be taken against the applicants with respect to the impugned summoning order dated 21.01.2019 passed by Learned Chief Judicial Magistrate, Hapur, as well as entire proceeding of Complaint Case No.30 of 2019, Under Section 138 of the Negotiable Instruments Act, 1881, Police Station- Kotwali Nagar, District- Hapur, pending in the Court of Learned Chief Judicial Magistrate, Hapur. Versus Counsel for Applicant(s) : Ashish Pandey, Nikil Pathak Counsel for Opposite Party(s) : G.A. Syomil Bharat Bhai Chaukasi And Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 5. The protection accorded to the applicants 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 25, 2025 A. Prajapati NA528 No. 26443 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad