Neutral Citation No. - 2025:AHC:144511 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31010 of 2025 Applicant :- Arunesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mukesh Kumar, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State. 2. This is an application u/s 528 BNSS preferred by the applicant for quashing the entire proceeding of Complaint Case No. 1782 of 2021 (Garima Agrawal Vs. Arunesh Kumar) Under Section 138 N.I. Act, P.S. Indrapuram, District Ghaziabad. 3. Learned counsel for the applicant has submitted that post- dishonouring of a cheque, a complaint stood lodged on 08.12.2016 by O.P. No.2 against the applicant, pursuant whereto the applicant was summoned on 05.06.2017. Thereafter, non-bailable warrant had been issued on 07.10.2017 followed by proceedings under Section 82 CrPC took place on 30.05.2018. Learned counsel for the applicant submits that that due to certain reasons beyond the control and the comprehension of the applicant, the applicant could not join the proceedings and participate. He submits that breathing time be accorded to file recall application and till recall application is decided, no coercive action shall be taken against the applicant. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file recall application by 5.9.2025 and the Court has no reason to disbelieve that the court below shall decide the same with most expedition, preferably within a month. 6. Till the recall application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 1782 of 2021 (Garima Agrawal Vs. Arunesh Kumar) Under Section 138 N.I. Act, P.S. Indrapuram, District Ghaziabad.. 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 :- 22.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad