Page No.# 1/3 GAHC010086802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./490/2025 SUSANTA DAS S/O- LATE TAPAN CH. DAS R/O 7TH FLOOR, KOHINOOR APARTMENT, DR B. BOROOAH ROAD, P.O. ULUBARI, P.S. PALTAN BAZAR, GUWAHATI-781007, DIST. KAMRUP (M), ASSAM, MOBILE NO. 99574-56986 VERSUS RIPJIT KALITA AND ANR. S/O- LATE DEVANANDA KALITA R/O HOUSE NO. 09, BYE LANE NO. 3, R.G.BARUAH ROAD, P.S. GEETANAGAR, P.O. DISPUR, GUWAHATI-781005, DIST. KAMRUP (M), ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSA Advocate for the Petitioner : MR. T BARUAH, MS A DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 30.04.2025 Heard Mr. A. Das, learned counsel appearing for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2) The respondent No. 1 filed this N.I. Act case under Section 138 of the N.I. Act against the present petitioner. 3) The petitioner received notice, but could not appear before the learned Trial Court for some personal reasons. 4) His lawyer filed an application to that effect, but the said application was not considered by the learned Trial Court and Non-Bailable Warrant of Arrest (NBWA) was directed to be issued against the present petitioner. 5) Under the given circumstances, if the prayer of the petitioner is allowed, no prejudice shall be caused to the respondent No. 1; therefore, there is no necessity of issuing notice to him, as it would be a sheer waste of time only. 6) The petitioner has satisfactorily explained the reasons, for which, he failed to appear before the learned Trial Court. Therefore, his application is allowed. 7) All the orders passed by the learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati in C.R. Case No. 4001/2018, directing issue of NBWA against the present petitioner Susanta Das are set aside. 8) The petitioner Susanta Das is directed to appear before the Court of the learned JMFC, Kamrup (Metro), Guwahati in respect of C.R. Case No. 4001/2018 within next 10 days from today. 9) On his appearance, he shall be released on bail of Rs. 20,000/- with a surety of the like amount, to the satisfaction of the learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati, Assam. Page No.# 3/3 10) With the aforesaid direction, this criminal petition is disposed of. JUDGE Comparing Assistant