Neutral Citation No. - 2025:AHC:146023 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31411 of 2025 Applicant :- Alok Rastogi Opposite Party :- State of U.P. and another Counsel for Applicant :- J Shubham, Jitendra Kumar Mishra,Sarvesh Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Jitendra Kumar Mishra, learned counsel for the applicants as well as Sri J.P. Gupta, learned AGA for the State. 2. Learned counsel for the applicant has submitted that though the present application has been preferred to quash the Non bailable warrant on 26.11.2024, impugned order on 30.11.2024 initiated proceeding under Section 82 Cr.P.C. against the applicant and summoning order dated 02.04.2019 as well as entire criminal proceeding of Criminal Case No. 3280 of 2018 (Shubash Rajbhar versus Alok Rastogi), pending in the court of Chief Judicial Magistrate Ghazipur, Under Section 138 Negotiable Instrument Act related to Police of Station Nandganj, District Ghazipur questioning the maintainability of the complaint on the ground that the cheque stood dishonored on 16.05.2018, however, the statutory demand notice came to be issued on 12.07.2018 beyond the permissible period of 30 days as specified under Section 138 read with Section 142 of the NI Act and on 02.04.2019 the applicant was summoned and thereafter proceedings for non bailable warrants followed by Sections 82 and 83 being have been undertaken, however, he submits that the applicant shall be contesting the trial and applied for bail, however, protection be accorded till disposal of the bail application. 3. Sri J.P. Gupta, learned AGA has no objection to the same. 4. Considering the submission so made across the bar, the application stands disposed of directing the applicant to submit application seeking enlargement on bail by 05.09.2025 and on the said motion, the court below shall decide the application of the applicant in the light of the judgment Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021. 5. Till the bail application is decided and/or not later than 05.09.2025, no coercive action shall be taken against the applicant with respect to Non bailable warrant on 26.11.2024, impugned order on 30.11.2024 initiated proceeding under Section 82 Cr.P.C. against the applicant and summoning order dated 02.04.2019 as well as entire criminal proceeding of Criminal Case No. 3280 of 2018 (Shubash Rajbhar versus Alok Rastogi), pending in the court of Chief Judicial Magistrate Ghazipur, Under Section 138 Negotiable Instrument Act related to Police of Station Nandganj, District Ghazipur. 6. 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 :- 23.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad