Page No.# 1/3 GAHC010068382025 2025:GAU-AS:4130 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./392/2025 MD. HAMID ALI S/O LT. BASIR ALI, R/O VILL- HARIPUR, P.O.- BANIKUCHI, P.S.- NALBARI, DIST- NALBARI, ASSAM, PIN-781335 VERSUS NARESH AUTO FINANCE COMPANY AND ANR A PROPRIETORY ESTABLISHMENT OF SHRI NARESH KUMAR SETHIA HAVING ITS OFFICE AND PLACE OF BUSINESS SITUATED AT CHAND MARKET, 2ND FLOOR, A.T. ROAD, GUWAHATI-781001, ASSAM, REPRESENTED BY ITS MANAGER SHRI NARENDRA KUMAR SETHIA 2:NARESH KUMAR SETHIA @ NARESH SETHIA S/O SHRI NARENDRA KUMAR SETHIA PROPRIETOR OF NARESH AUTO FINANCE CO. HAVING ITS OFFICE AND PLACE OF BUSINESS SITUATED AT CHAND MARKET 2ND FLOOR A.T. ROAD GUWAHAATI-781001 ASSAM REPRESENTED BY ITS MANAGER SHRI NARENDRA KUMAR SETHI Advocate for the Petitioner : MR. J KALITA, MR SOHAING Advocate for the Respondent : , Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 04/04/2025 Heard Mr. J Kalita, learned counsel for the petitioner. 2. In a complaint case being C.R. Case No. 2238/2019 filed under Section 138 of the Negotiable Instruments Act by the respondents before the learned Judicial Magistrate, First Class (JMFC), Kamrup (Metro), Guwahati against the petitioner, the learned Magistrate on 20.09.2019 took cognizance of the offence under Section 138 of NI Act against the petitioner and issued summons to him. 3. In spite of receipt of summon, as he did not appear in said C.R. Case No. 2238/2019, the learned JMFC, Kamrup (Metro), Guwahati on 02.01.2020 issued Bailable Warrant of Arrest against the petitioner for his appearance in said C.R. Case No. 2238/2019, fixing the matter on 11.03.2020. 4. On receipt of summon, the petitioner on 11.03.2020 took time by filing application but he continued to remained absent on the subsequent dates. As such, on 26.10.2023, order of Non- Bailable Warrant of Arrest was issued against the petitioner for his appearance in said C.R. Case No. 2238/2019. 5. On the subsequent dates, i.e., on 01.02.2023, 10.08.2023, 26.10.2023, 16.02.2024, 09.04.2024, 26.07.2024, 20.09.2024 and 23.12.2024, orders of NBWA were issued against the petitioner for his appearance in said C.R. Case No. 2238/2019 pending before the Court of learned JMFC, Kamrup (Metro), Guwahati. By order dated 23.12.2024, said C.R. Case No. 2238/2019 is now fixed on 07.05.2025. 6. It is contended by the petitioner that he is willing to face the trial and wants to contest the case but because of the orders of NBWA issued against him, he has the apprehension that if he appears, he shall be arrested and detained in custody. Hence, this criminal petition filed by the petitioner under Section 528 of BNSS, 2023 praying amongst others to set aside and quash the order dated 30.03.2022 and all the subsequent orders, whereby Non-Bailable Warrant of Arrest were issued against the petitioner in said C.R. Case No. 2238/2019. 7. After hearing the learned counsels for the parties and considering the entire aspects of the matter, this criminal petition is disposed of directing the petitioner, Md. Hamid Ali, son of Late Basir Page No.# 3/3 Ali, resident of Village-Haripur, P.S. Nalbari, District-Nalbari to appear before the learned Judicial Magistrate, First Class, Kamrup (Metro), Guwahati in said C.R. Case No. 2238/2019 on or before 10.04.2025 and to file appropriate application for recalling the orders of NBWA issued against him on 26.10.2023 and on subsequent dates for his appearance in said C.R. Case No. 2238/2019. 8. In the event of his appearance and filing of such application by the petitioner for recalling the orders of NBWA issued against him on 26.10.2023 and on subsequent dates, before the learned Judicial Magistrate, First Class, Kamrup (Metro), Guwahati in said C.R. Case No. 2238/2019 on or before 10.04.2025, as directed above, the learned Trial Magistrate shall consider the same in accordance with law, securing the presence of the petitioner in said C.R. Case No. 2238/2019 during its trial and on the dates fixed till its conclusion. 9. 9. Till then i.e., 10.04.2025, subject to appearance of the petitioner before the learned Judicial Magistrate, First Class, Kamrup (Metro), Guwahati and filing of such application before the authority concerned, the orders of Non-Bailable Warrant of Arrest issued against the petitioner by the learned Judicial Magistrate, First Class, Kamrup (Metro), Guwahati on 26.10.2023 and on subsequent dates in said C.R. Case No. 2238/2019 shall not be given effect to. 10. However, it is made clear that in the event of failure on the part of the petitioner, Md. Hamid Ali, to appear before the learned Judicial Magistrate, First Class, Kamrup (Metro), Guwahati on or before 10.04.2025 in said C.R. Case No. 2238/2019, the above protection granted to the petitioner shall stand automatically vacated and time of his appearance shall not be extended further as this order has been passed in presence of the learned counsel for the petitioner. 11. With the above observation and direction, this criminal petition stands disposed of. JUDGE Comparing Assistant