Page No.# 1/3 GAHC010070862025 2025:GAU-AS:5380 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./401/2025 PINKU SARMAH AND ANR S/O LATE DAMBARUDHAR SARMAH R/O HAIBORGAON, P.O. HAIBARGAON DIST.NAGAON, ASSAM PIN-782002 2: HAMIDUR RAHMAN S/O MOZIBUR RAHMAN R/O BATAMARI PS BATADRAVA DHING DISTRICT NAGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:ROYAL EARTH MOVERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT G-1 SHIVAM COMPLEX A.T. ROAD BHARALUMUKH-781009 KAMRUP (M) ASSAM REPRESENTED BY ONE OF ITS PARTNER SRI BIJOY KUMAR AGARWAL SON OF LATE MADANLAL AGARWAL Advocate for the Petitioner : MR A SHARMA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.05.2025 1. Heard Mr. A. Sharma, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for quashing the Order dated 20.03.2025 passed by the learned Judicial Magistrate First Class, Kamrup(Metro), Guwahati in Complaint Case No.2592/2021. 3. Both the petitioners are facing trial before the Court below under the provisions of NI Act on 20.03.2025, both the petitioners could not appear before the Trial Court on that day because the first petitioner had to attain the shraddha ceremony of his father and the second petitioner could not appear before the Court below because of some other personal matters. 4. For the absence of the petitioners, Trial Court directed issue of non- bailable warrant of arrest against them. 5. I have considered the submissions made by learned counsel for both the sides. 6. This Court is of the opinion that the petitioners have satisfactorily explained the reasons for their failure to appear before the Trial Court on 20.03.2025. 7. The prayer of the petitioners is allowed. Page No.# 3/3 8. The direction of the Trial Court asking issue of non-bailable warrant of arrest against the petitioners is set aside, the warrant of arrest if issued, shall be recalled. 9. Both the petitioners are directed appear before the Trial Court on 28.05.2025 as fixed by the Trial Court. 10. Both the petitioners are allowed to remain on previous bail. 11. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant