Neutral Citation No. - 2025:AHC:142576 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30380 of 2025 Applicant :- Simmi Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Shyam Shanker Pandey,Subodh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Subodh Pandey, learned counsel for the applicant as well as Sri Bhuwal Vishwakarma, 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 07.03.2025 issued by learned Additional Chief Judicial Magistrate, Court No. 2, Moradabad against the applicant in Complaint Case No. 2216/2021 under section 138 of Negotiable Instruments Act Police Station - Galsheed, District - Moradabad. 3. Learned counsel for the applicant has submitted that post- lodging of the proceedings under Section 138 of N.I. Act, the applicant had entered into appearance and joined the proceedings and obtained bail, however, due to certain reasons beyond the control and comprehension, the applicant could not join the proceedings, pursuant whereto, N.B.W. came to be issued on 07.03.2025. He submits that the breathing time be accorded to the applicant to submit a recall application for recalling of the non- bailable warrant and till the disposal of the recall application, the applicant be accorded protection. 4. Learned A.G.A. has no objection to the same. 5. 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 29.08.2025, and on the said motion, the trial court shall consider and decide the recall application. 6. Till the disposal of the recall application, no coercive action be taken against the applicant with respect to Non Bailable Warrant dated 07.03.2025 issued by learned Additional Chief Judicial Magistrate, Court No. 2, Moradabad against the applicant in Complaint Case No. 2216/2021 under section 138 of Negotiable Instruments Act Police Station - Galsheed, District - Moradabad. 7. 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 :- 20.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad