Neutral Citation No. - 2025:AHC:123568 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 26775 of 2025 Applicant :- Rishipal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avanish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Avanish Kumar Pandey, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the Non-Bailable Warrant dated 16.01.2025, summoning order dated 22.01.2019 in Complaint Case No. 525 of 2018 (Mahendra Vs. Rishipal Singh) under Section 138 N.I. Act, Police Station- Kotwali Nagar, District- Bulandshahr, pending in the Court of learned Chief Judicial Magistrate, Bulandshahr by way of compromise. 3. The applicant herein had earlier approached this Court while filing an application under Section 528 of BNSS No.8735 of 2025, wherein the following orders were passed:- "1. Heard Sri Avanish Kumar Pandey, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. for the State. 2. This is an application under Section 528 BNSS preferred by the applicant for quashing the non-bailable warrant dated 16.01.2025, summoning order dated 22.01.2019 in Complaint Case No.525 of 2018 (Mahendra Vs. Rishipal Singh) under Section 138 of N.I. Act, P.S. Kotwali Nagar, District Bulandshahr, pending in the Court of Chief Judicial Magistrate, Bulandshahr. 3. At the very outset, learned counsel for the applicant, as per the instructions submits that applicants shall be moving proceeding under Section 147 of N.I. Act for compounding of the offences. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions raised at the Bar and the statements so sought to be made by them, this Court does not find any good ground of interference in the present proceeding. The application stands disposed of while observing that in case appropriate proceeding under Section 147 N.I. Act for compounding of the offence is preferred before the court concerned, then the same shall be decided with most expedition strictly in accordance with the law of the land." 4. Learned counsel for the applicant has submitted that on 05.06.2025, the applicant has filed an application for compounding and there happens to be a compromise deed, which is at page-69 of the paper-book, however, now non-bailable warrants have been issued and an order came to be passed on 17.03.2025 for directing the S.H.O. concerned to effectuate non-bailable warrants. Learned counsel for the applicant submits that a breathing time be accorded, by which time the applicant shall prefer an application for recalling the order issuing non-bailable warrants and till then the applicant be accorded protection. 5. Learned State Law Officer has no objection to the same. 6. Considering the over all facts situation as well as the stand taken by the applicant, the application stands disposed of directing the applicant to submit recall application seeking recall of non- bailable warrant before the court below by 06.08.2025. On the said application, the court below shall proceed further and also decide the compounding application, which the applicant has preferred. 7. Till the disposal of the recall application, no coercive action be taken against the applicant with respect to Non-Bailable Warrant dated 16.01.2025 as well as summoning order dated 22.01.2019 in Complaint Case No. 525 of 2018 (Mahendra Vs. Rishipal Singh) under Section 138 N.I. Act, Police Station- Kotwali Nagar, District- Bulandshahr, pending in the Court of learned Chief Judicial Magistrate, Bulandshahr. 8. The protection accorded to the applicant is only available subject to compliance of 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 :- 28.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad