HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34318 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Virendra Kumar Srivastava, 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 entire criminal proceedings in Case No.13037 of 2019 (Creamlite Foods Pvt. Ltd. Vs. Sushant Garg), under Section 138 Negotiable Instrument Act, Police Station Sikandra, District Agra pending in the Court of before learned Additional Court No.2, Agra including Summoning Order dated 04.03.2020 and recall order dated 28.04.2025 passed by learned Additional Court No.2, Agra, 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 26.09.2025 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 criminal proceedings in Case No.13037 of 2019 (Creamlite Foods Pvt. Ltd. Vs. Sushant Garg), under Section 138 Negotiable Versus Counsel for Applicant(s) : Virendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Sushant Garg .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Instrument Act, Police Station Sikandra, District Agra pending in the Court of before learned Additional Court No.2, Agra including summoning order dated 04.03.2020 and recall order dated 28.04.2025 passed by learned Additional Court No.2, Agra. 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 10, 2025 N.S.Rathour NA528 No. 34318 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad