Neutral Citation No. - 2025:AHC:74011 Court No. - 73 Case :- APPLICATION U/S 482 No. - 2619 of 2025 Applicant :- Rajneesh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Padmaker Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Dheeraj Kumar Upadhyay (A/D 0963/2022) holding brief of Sri Padmaker Pandey, learned counsel for the applicant, on instructions, submits that though the application has been preferred to quash the the summoning order dated 05.03.2024 passed by Metropolitan Magistrate Room No. 09, Kanpur Nagar as well as B.W. dated 13.08.2024 passed by J.M 09 Kanpur Nagar, in Complaint Case No. 7166 of 2024 (Atul Kumar Gangwar vs. Rajneesh Mishra) under section 138 N.I. Act, Police Station Babupurwa District Kanpur Nagar pending in the court of Metropolitan Magistrate Room No. 09, Kanpur Nagar, 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 applicant to prefer appropriate application for compounding under Section 147 of N.I. Act by 16.05.2025 and on the submission of the same, the court below shall decide the same within 45 days and, in case, such proceeding is preferred before the court concerned, 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 applicant with respect to the summoning order dated 05.03.2024 passed by Metropolitan Magistrate Room No. 09, Kanpur Nagar as well as B.W. dated 13.08.2024 passed by J.M 09 Kanpur Nagar, in Complaint Case No. 7166 of 2024 (Atul Kumar Gangwar vs. Rajneesh Mishra) under section 138 N.I. Act, Police Station Babupurwa District Kanpur Nagar pending in the court of Metropolitan Magistrate Room No. 09, Kanpur Nagar. 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. Order Date :- 7.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad