Neutral Citation No. - 2025:AHC:137528 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27318 of 2025 Applicant :- Bhupendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Ram Kumar, learned counsel for the applicants as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicants for quashing the summoning order dated 05.06.2025 passed by Additional Civil Judge Junior Division Court No. 4 Judicial Magistrate, Mathura u/s 138 N.I. Act Police Station Highway District Mathura, as well as entire proceeding of Complaint Case No. 164 of 2024 (Shushil Kumar Vs Bhupendra and another) under section 138 N.I. Act, Police Station Highway, District Mathura, however, he confines his relief for taking appropriate proceedings for compounding in terms of Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded to him. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions so made across the Bar, the application is disposed of directing the applicants to file the proceedings for compounding under Section 147 of N.I. Act by 4.09.2025 and the court below shall decide the same with most expedition. 4. Till the disposal of the said proceedings, no coercive action shall be taken against the applicants with respect to the summoning order dated 05.06.2025 passed by Additional Civil Judge Junior Division Court No. 4 Judicial Magistrate, Mathura u/s 138 N.I. Act Police Station Highway District Mathura, as well as entire proceeding of Complaint Case No. 164 of 2024 (Shushil Kumar Vs Bhupendra and another) under section 138 N.I. Act, Police Station Highway, District Mathura. 5. The protection accorded to the applicants 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 :- 13.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad