Neutral Citation No. - 2025:AHC:138316 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29575 of 2025 Applicant :- Harimohan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Yadava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Brijesh Kumar Yadav, learned counsel for the applicant as well as Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash/set aside the impugned Non Bailable Warrant dated 7.2.2025 in Complaint Case No.605.IX.2024 (Lokesh Singh Vs Harimohan Singh) under Section 138, 143 of Negotiable Instrument Act, Police Station Kotwali Nagar, District Banda pending in the court of Civil Judge (J.D.)/FTC, Banda. 3. Learned counsel for the applicant has submitted that on 29.01.2025 a date was fixed for 07.02.2025 for argument, however, on 07.02.2025 due to certain circumstances which were beyond the control and comprehension of the applicant, he could not appear, thus, non-bailable warrants have been issued on 07.02.2025 which stood repeated on 10.04.2025. Learned counsel for applicant submits that breathing time be accorded to the applicant to submit the application for recall of the non bailable warrants and till the same is decided, no coercive action be taken. 4. Learned AGA has no objection to the same. 5. Considering the submission so made across the bar, the application stands disposed of directing the applicant to submit the recall application for recalling the non bailable warrants by 25.08.2025 and on the said motion, the court below shall decide the same. 6. Till the recall application is decided, no coercive action shall be taken against the applicant with respect to impugned Non Bailable Warrant dated 7.2.2025 in Complaint Case No.605.IX.2024 (Lokesh Singh Vs Harimohan Singh) under Section 138, 142 of Negotiable Instrument Act, Police Station Kotwali Nagar, District Banda pending in the court of Civil Judge (J.D.)/FTC, Banda. 7. The protection accorded to the applicant 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 :- 13.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad