Neutral Citation No. - 2025:AHC:132813 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28280 of 2025 Applicant :- Vikas Patel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Manish Singh, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the entire proceedings of the Compliant Case No. 25467 of 2024 (Prakash Chandra Versus Vikas Patel), under section 138 Negotiable Instrument Act 1881, Police Station Kotwali, Fatehpur, pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 03, Fatehpur as well as impugned summoning order dated 22.01.2025 passed by Learned Additional Chief Judicial Magistrate, Court No. 03, Fatehpur, however, he has made a statement at Bar that as per instructions received by him, that the applicant has made the entire payment and the applicant would approach the court below for compounding of the offences under 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. 2. Sri Vikas Sharma, learned State Law Officer has no objection to the same. 3. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 14.08.2025 and the court below is directed to decide the same with most expedition. 4. Till 45 days from today, no coercive action shall be taken against the applicant with respect to the proceedings of Complaint Case No. 25467 of 2024 (Prakash Chandra Versus Vikas Patel) under section 138 Negotiable Instrument Act 1881, Police Station Kotwali, Fatehpur, pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 03, Fatehpur as well as impugned summoning order dated 22.01.2025 passed by Learned Additional Chief Judicial Magistrate, Court No. 03, Fatehpur. 5. 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 :- 6.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad