HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35139 of 2026 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J. 1. Sri Brijesh Kumar Yadav, learned counsel for the applicants and learned A.G.A. for the State are present. 2. The present application has been filed on behalf of the applicants to quash the entire proceedings of Complaint Case No. 89067 of 2023 (New Fairdeel Enterprises Vs. Vipin Kumar Vishwakarma) as well as NBW dated 13.08.2024 and summoning order dated 03.04.2024 under Section 138 of the N.I. Act, Police Station- Sigra, District- Varanasi pending in the court of learned Additional Court Varanasi. 3. Learned counsel for the applicants apprised the Court that the applicants were convicted by the learned Trial Court under Section 138 N.I. Act and the summoning order was passed on 03.04.2024. Subsequently, NBW was issued on 13.08.2024. He submits that the applicants are ready and willing to face the trial and confined his prayer only to the extent that some protection may be granted to the applicants against the NBW. 4. Learned A.G.A. has no objection if some protection is granted to the applicants as they are ready and willing to face the trial. 5. Considering all aspects of the matter, the instant application is finally disposed of with a direction to the learned trial court that in case the applicants appear before the concerned trial court and move appropriate application for cancellation of non bailable warrant, within one month Versus Counsel for Applicant(s) : Brijesh Kumar Yadav, Lalita Kumari Counsel for Opposite Party(s) : G.A. Vipin Kumar Vishwakarma And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) from the date of production of certified copy of this order, the learned Trial Court shall consider and dispose of the same in accordance with law, considering the grounds mentioned in the said application. 6. For a period of one month from the date of production of certified copy of this order or till the applicants appear before the learned trial court and file an application for cancellation of non bailable warrant, whichever is earlier, no coercive action shall be taken against the applicants, however, in case of default, the learned trial court is at liberty to proceed against the applicants. September 17, 2026 Saurabh NA528 No. 35139 of 2026 2 (Prashant Mishra-I,J.) Digitally signed by :- SAURABH High Court of Judicature at Allahabad