Neutral Citation No. - 2025:AHC:144771 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30991 of 2025 Applicant :- Sandeep Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Suresh Kumar Gupta, 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 summoning order dated 06.03.2024 passed by the learned First Additional Civil Judge (J.D.), Kanpur Nagar, as well as entire proceedings of the Complaint Case No. 138289 of 2023, Saurabh Gupta Versus Sandeep Yadav, under Section 138 N.I. Act, Police Station-Chakeri, District Kanpur Nagar pending before the learned J.M.-IX, Kanpur Nagar, however, he has made a statement at Bar that as per instructions received by him, 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 decided, protection be accorded. 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 applicant to file the proceedings for compounding under Section 147 of N.I. Act by 05.09.2025 and the court below is directed to decide the same with most expedition. 4. Till disposal of the proceedings, no coercive action shall be taken against the applicant with respect to the summoning order dated 06.03.2024 passed by the learned First Additional Civil Judge (J.D.), Kanpur Nagar, as well as entire proceedings of the Complaint Case No. 138289 of 2023, Saurabh Gupta Versus Sandeep Yadav, under Section 138 N.I. Act, Police Station- Chakeri, District Kanpur Nagar pending before the learned J.M.- IX, Kanpur Nagar. 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 :- 22.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad