Page No.# 1/4 GAHC010070282025 2025:GAU-AS:4131 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./405/2025 HARISH R. PATEL S/O- LATE RAMBHAIU AMBALAL PATEL, R/O- 1/7 ROWLAND ROAD, PS BALLYGUNGE, KOLKATA 700021, WEST BENGAL VERSUS MS MANISH TEA COMPANY REP BY ITS MANAGER SHRI SATYA NARAYAN SHARMA, S/O- LATE PURAN MAL SHARMA, HAVING ITS PLACE OF BUSINESS AT M.S. ROAD, FANCY BAZAR, PO- GUWAHATI- 781001, ASSAM Advocate for the Petitioner : MS. R S SADIAL, MR. M R SODIAL Advocate for the Respondent : , Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 04-04-2025 Heard Mr. M. R. Sodial, learned counsel for the petitioner. 2. The sole respondent, M/S Manish Tea Compay represented by its Manager, filed a complaint case under Section 138 of the Negotiable Instruments Act against the petitioner being Complaint Case No. 65C/2005 before the learned Chief Judicial Magistrate at Kamrup (Metro), Guwahati and its adjudication is presently pending before the learned Judicial Magistrate, First Class, Kamrup (Metro), Guwahati. 3. On receipt of summons in said Complaint Case No. 65C/2005, the petitioner was regularly appearing before the learned JMFC, Kamrup (M), Guwahati in said Complaint Case No. 65C/2005. 4. As the petitioner failed to appear in said Complaint Case No. 65C/2005 on 06.05.2023; 12.10.2023; 11.12.2023; the learned JMFC, Kamrup (M), Guwahati by order dated 29.02.2024 issued Non-Bailable Warrant of Arrest (NBWA) against him for his appearance in the said Complaint Case. 5. Hence by this application filed under Section 528 BNSS by the petitioner namely, Sri Harish R. Patel, praying for setting aside the order dated 29.02.2024 passed by the learned JMFC, Kamrup (M), Guwahati in Complaint Case No. 65/2005 whereby NBWA was issued against him. 6. From the order-sheets of said Complaint Case No. 65C/2005 annexed to this petition by the petitioner, it is seen that prior to issuance of the NBWA by the concerned Magistrate in said Complaint Case No. 65/2005, on three occasions, i.e., on 06.05.2023; 12.10.2023 and 11.12.2023, the petitioner remained absent in the said Complaint Case No. 65C/2005 without any steps. As such, the learned Magistrate concerned on the next date of the case, i.e., on 29.02.2024 finding the petitioner absent without any steps, issued the order of NBWA against Page No.# 3/4 him for his appearance, which is pending for adjudication. 7. Mr. Konwar, learned counsel submitted that the said order of NBWA issued against the petitioner is in force till date and that 12.06.2025 is the next date of said Complaint Case No. 65C/2005 before the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati. 8. It is also submitted that the petitioner shall appear before the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati in said Complaint Case No. 65C/2005 and shall contest the matter. But because of order of NBWA against him being in force, he apprehends that on his such appearance he shall be arrested and detained in custody. 9. Considering the entire aspect of the matter and on hearing the parties and in exercise of the power conferred under Section 528, BNSS, this criminal petition is disposed of, directing the petitioner, Sri Harish R. Patel, son of late Rambhai Ambalal Patel, resident of 1/7, Rowland Road, Police Station-Ballygunge, Kolkata-700021, West Bengal, to appear before the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati on 10.04.2025 in said Complaint Case No. 65C/2005 and to file appropriate application before the said Magistrate on 10.04.2025 itself praying for withdrawal of the order of NBWA issued against him on 29.02.2024 and on subsequent dates for his appearance in said Complaint Case No. 65/2005. 10. In the event of his appearance and filing of such application by the petitioner for withdrawal of the order of NBWA issued against him, the said Magistrate shall consider and dispose of such application on the terms and conditions it may seem fit and proper securing the presence of the petitioner in said Complaint Case No. 65C/2005 on the dates fixed till completion of the adjudication of the said Complaint Case. 11. Till then, i.e., 10.04.2025, subject to appearance of the petitioner in said Complaint Case No. 65/2005 before the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati, as directed above, the order of NBWA issued against him in said Complaint Case No. 65C/2005 on 29.02.2024 and on subsequent dates shall not be given effect to. 12. However, it is made clear that in the event of failure on the part of the petitioner, Sri Harish R. Patel, to appear before the learned Judicial Magistrate, First Class, Kamrup (M), Page No.# 4/4 Guwahati, on 10.04.2025 and on his failure to file such appropriate application for withdrawal of the NBWA issued against him in said Complaint Case No. 65C/2005, the order of NBWA issued against the petitioner on 29.02.2024 and on subsequent dates in said Complaint Case No. 65C/2005 shall remain valid. 13. As this order has been passed in presence of the counsel for the petitioner, further time beyond 10.04.2025 shall not be extended to the petitioner for his appearance in said Complaint Case No. 65C/2005 before the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati. 14. With the above observations and directions, this criminal petition, stands disposed of. JUDGE Comparing Assistant