Page No.# 1/4 GAHC010110592025 2025:GAU-AS:6653 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./604/2025 SOUGRAKPAM DOLENDRA SINGH R/O- GAME VILLAGE, BLOCK NO.3, ROOM NO.302, P.O AND P.S.- BASISTHA, DIST.- KAMRUP (M), PIN-781029 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:SRI POLASH BORUAH C/O- HEMA BORUAH. R/O- VILL.- 9A MANDAKINI PAT BYE LANE NO.2 NARAYANPUR ASSAM SACHIVALAYA. P.O- ASSAM SACHIVALAYA. P.S.- DISPUR DIST.- KAMRUP(M) ASSAM PIN-781006 Advocate for the Petitioner : MR. SK S N MOHAMMAD, FARNAZ N A HUSSAIN,A. IKBAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 26/05/2025 Heard Mr. Sk. S. N. Mohammad, learned counsel for the petitioners and Mr. P Borthakur, learned Additional Public Prosecutor, Assam for the State respondent. 2. In a complaint petition filed by one M/s. R.K.G.D. Ventures LLP, a Limited Liability Partnership Firm at Subham Buildwell, Zoo Road, Guwahati having business at S.J. Road, Chabipul, Guwahati before the Court of learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati under Sections 138, 141 read with Section 143A of the NI Act against the petitioners, namely, (i) Sri Sougrakpam Dolendro Singh, son of S. Madhumangol, a resident of Game Village, Block-3, Room No. 302, P.O. & P.S. Basistha, District-Kamrup (Metro) and (ii) Sri Polash Boruah, C/o. Hema Boruah, resident of Village-9A Mandakini Path, Bye Lane No. 2, Narayanpur, Assam Sachivalaya, Dispur, Kamrup (Metro), the learned Judicial Magistrate First Class (JMFC), Kamrup (Metro) at Guwahati in NI Case No. 8333/2024 took cognizance of the offence under Section 138 of the NI Act and issued summons to them. 3. As the petitioners in spite of receipt of summons of the said NI Case No. 8333/2024 did not appear before the learned JMFC, Kamrup (Metro) at Guwahati, the said Magistrate on 28.03.2025 issued order of Bailable Warrant of Arrest of Rs.5000/- against them for their appearance in the case, fixing the matter on 09.05.2025. 4. As the accused petitioners did not appear before the learned JMFC, Kamrup (Metro) at Guwahati on 09.05.2025, the said Magistrate by order dated 09.05.2025 passed in said NI Case No. 8333/2024 issued order of Non-Bailable Warrant of Arrest against the accused persons of the case including the two petitioners and another. 5. Hence, this criminal petition under Section 528 of the BNSS, 2023 read with Sections 438/442 and 482 of the BNSS praying for setting aside the impugned order dated 09.05.2024 passed by the learned JMFC, Kamrup (Metro) at Guwahati in said NI Case No. 8333/2024 under Section 138 of the NI Act. 6. It is submitted by the petitioners that due to some difficulty, they could not appear before the Court of learned JMFC, Kamrup (Metro) at Guwahati in said NI Case No. 8333/2024 on the dates fixed and by engaging a counsel prayed before the learned Magistrate for fixing another date for their Page No.# 3/4 appearance. However, the learned JMFC did not consider petitioners’ such application and rejected it and issued the order of NBWA against them for their appearance fixing the matter on 26.06.2025. 7. Petitioners submitted that they want to appear before the learned JMFC, Kamrup (Metro) at Guwahati in said NI Case No. 8333/2024 and face the trial. 8. However, because of the orders of BWA and NBWA issued against them by the learned JMFC, Kamrup (Metro), Guwahati in said NI Case No. 8333/2024, they are of the apprehension that once they appear before the said Trial Magistrate, they will be apprehended and detained in custody. 9. Considering the entire aspects of the matter, this criminal petition is disposed of at the motion stage itself directing the petitioners, (i) Sri Sougrakpam Dolendro Singh, son of S. Madhumangol and (ii) Sri Polash Boruah, C/o. Hema Boruah, to appear before the Court of learned Judicial Magistrate First Class, Kamrup (Metro) at Guwahati on or before 13.06.2025 in said NI Case No. 8333/2024. 10. On their such appearance before the learned JMFC, Kamrup (Metro), Guwahati in said NI Case No. 8333/2024, the petitioners named above, shall file appropriate application for recalling the orders of the BWA and NBWA issued against them by the learned JMFC, Kamrup (Metro), Guwahati and also for their bail in said NI Case No. 8333/2024. 11. In the event of their appearance before the learned JMFC, Kamrup (Metro), Guwahati on or before 13.06.2025 in said NI Case No. 8333/2024 and in the event of filing any such applications for recalling the orders of BWA and NBWA issued against them as well as application for their bail in said NI Case No. 8333/2024, the learned JMFC, Kamrup (Metro), Guwahati, shall consider those in accordance with law, securing the presence of the petitioners, named above, in said NI Case No. 8333/2024 on its subsequent dates and during the trial of the said case till its conclusion. 12. Enabling the accused petitioners, named above, to appear on or before 13.06.2025 in said NI Case No. 8333/2024 before the learned JMFC, Kamrup (Metro), Guwahati; it is directed that the orders of BWA and/or NBWA passed by the learned JMFC, Kamrup (Metro), Guwahati, against the petitioners in said NI Case No. 8333/2024, shall not be given effect only for the period up to 13.06.2025. 13. However, it is made clear that failure on the part of the petitioners, named above, to appear before the learned JMFC, Kamrup (Metro), Guwahati, on or before 13.06.2025, in said NI Case No. 8333/2024, the learned JMFC, Kamrup (Metro), Guwahati, shall be at liberty to pass any such order, Page No.# 4/4 which it deems fit and necessary, securing the appearance and/or presence of the petitioners in the said NI Case No. 8333/2024 during the trial of the said case. 14. It is also made clear that the interim protection granted to the petitioner, named above, for their appearance in said NI Case No. 8333/2024 before the learned JMFC, Kamrup (Metro), Guwahati shall not be extended beyond 13.06.2025 since this order has been passed in presence of their counsel. 15. With the above observation, this criminal petition stands disposed of. JUDGE Comparing Assistant