HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34145 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. 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 summoning order dated 27.11.2024 passed by Civil Judge (Junior Division) F.T.C III Ballia, in complaint case No. 27 of 2024 (Ajay Kumar Gupta Vs. Devesh Gupta) under section 138 N.I.Act, Police Station Sikandarpur, District- Ballia pending in the court of Civil Judge (Junior Division) F.T.C III Ballia, 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. 4. Till the disposal of the said proceedings, no coercive action shall be taken against the applicant with respect to the summoning order dated 27.11.2024 passed by Civil Judge (Junior Division) F.T.C III Ballia. In complaint case No. 27 of 2024 (Ajay Kumar Gupta Vs. Devesh Gupta) Versus Counsel for Applicant(s) : Rakesh Kumar Srivastava, Shyam Babu, Vinay Kumar Jaiswal Counsel for Opposite Party(s) : G.A. Devesh Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s) under section 138 N.I.Act, Police Station Sikandarpur, District- Ballia pending in the court of Civil Judge (Junior Division) F.T.C III Ballia. 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. 34145 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad