HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34139 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Arvind Kumar Maurya, learned counsel for the applicant as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicant for quashing the entire proceeding of Complaint Case No. 1755 of 2019, Vivek vs. Nitu Santoshi, under section 138 Negotiable Instrument Act Police Station Kotwali Shahjahanpur, District Shahjahanpur, pending before Additional Chief Judicial Magistrate Second, District Shahjahanpur initiated in pursuance of impugned summoning order dated 17.09.2021 passed by the Additional Chief Judicial Magistrate second Shahjahanpur Complaint Case No. 1755 of 2019, Vivek vs. Nitu Santoshi, under section 138 Negotiable Instrument Act Police Station Kotwali Shahjahanpur, District Shahjahanpur., however, he confines his relief for taking appropriate proceedings for compounding in terms of 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 preferred, protection be accorded to him. 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 26.09.2025 and the court below shall decide the same with most expedition. Versus Counsel for Applicant(s) : Arvind Kumar Maurya, Ram Murti, Vishal Kumar Kushwaha Counsel for Opposite Party(s) : Nitu Santoshi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Till the disposal of the said proceedings, no coercive action shall be taken against the applicant with respect to the further proceeding of Complaint Case No. 1755 of 2019, Vivek vs. Nitu Santoshi, under section 138 Negotiable Instrument Act Police Station Kotwali Shahjahanpur, District Shahjahanpur. 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. September 9, 2025 piyush NA528 No. 34139 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad