Page No.# 1/5 GAHC010138762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./242/2025 MR DEBOBRATA DEB SON OF KALI DAS DEB SHIV BARI MANDIR ROAD NEAR SHIV BARI, PO SHIV BARI AGARTALA, TRIPURA WEST, PIN- 799001 VERSUS BALAJI SALES A PROPRIETORSHIP FIRM HAVING ITS CORRESPONDENCE AND PRINCIPAL OFFICE AT 203 B BLOCK, SIKARIA COMPLEX, S J ROAD, ATHGAON GUWAHATI-7811001, ASSAM PS BHARALUMUKH, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR KISHAN SINGH RESIDENT OF RODALI PATH, PLOT NO C 27, HOUSING SOCIETY, UDALBAKRA, GUWAHATI-34, WORKING AS ACCOUNANT OF THE FIRM AT GUWAHATI. Advocate for the Petitioner : MR B KAUSHIK, K BHARALI,MR. S HAZARIKA,MR. P BORAH Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 26.06.2025 Heard Mr. B. Kaushik, learned counsel appearing for the petitioner. Page No.# 2/5 2. By way of this revision petition filed under Section 438 and 442, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused/petitioner i.e., Debobrata Deb is seeking setting aside and quashing of the order dated 22.02.2021, passed by the learned Court of Civil Judge (Jr. Div) cum JMFC (hereinafter referred to as the “trial court”) wherein Bailable Warrant of Arrest (BWA) was issued against the accused/petitioner, and the impugned orders dated 04.02.2023 and 30.04.2025, wherein Non Bailable Warrant of Arrest (NBWA) were issued against the accused/petitioner. 3. The brief facts of the case are that on 09.06.2025, the accused/petitioner learnt from the local police station that a Non- Bailable Warrant of Arrest has been issued against him by the trial court on 30.04.2025 in connection to the C.R. No. 2204/2020, wherein he is being implicated as an accused. Upon knowing about the same, the petitioner immediately applied for the certified copies of the orders and copy of the complaint of the C.R. Case No. 2204/2020. Accordingly, the same were received on 11.06.2025. Thereafter, receiving the certified copies of the orders, on careful perusal, the accused/petitioner noticed that the complainant/respondent has filed a complaint case against the petitioner/accused before the learned JMFC-4, Kamrup(M) at Guwahati, which was registered as C.R. Case No. 2204/2020 against the accused/petitioner, inter alia, alleging that the petitioner in discharge of his liability had issued a cheque for a sum of Rs. 5,04,696/- (Five Lakh Four Thousand Six Hundred Ninety Six only) bearing cheque No. 379378 dated 07.08.20220 payable at "Ujjivan Small Finance Bank" Agartala, Central Road, 71/4 Central Page No.# 3/5 Road Branch, Opp. Shib Bari, West Tripura-799001. Thereafter, the complainant/respondent deposited the same to their Banker Union Bank of India, Fancy Bazar Branch, Guwahati for encashment of the cheque amount but the said cheque amount was dishonored due to reason of "Funds Insufficient" and accordingly a complaint case was filed being C.R. No. 2204/2020 under section 138 of N.I. Act, 1881, before the Chief Judicial Magistrate, Kamrup(M). 4. On 05.11.2020, the complainant/respondent was absent, and the trial court fixed the matter for necessary order on 21.11.2020, and on that day, the complainant/respondent filed their initial deposition on affidavit along with the relevant documents, which have been exhibited and accordingly the trial court issued summon to the accused/petitioner by registered post with AD and the complainant/respondent was directed to take steps, and fixed the matter for Service Report/Appearance/O.E on 04.01.2021, and on that day the trial court directed the complainant/respondent to take steps again. 5. Thereafter, the matter again was listed on 22.02.2021, and on that day the respondent/complainant filed a petition no. 1764/21 showing cause for his non-appearance, and furnished a postal receipt dated 05.11.2021 & tracking report showing that the summons was delivered. The trial court based on the tracking report observed that the summons was deemed to be served and the accused/petitioner having being absent without steps issued Bailable Warrant of Arrest for an amount of Rs. 5,000/- against the petitioner and fixed the matter Page No.# 4/5 again on 20.04.2021 for appearance. 6. It is the specific case of the accused/petitioner that no summons was ever served upon him and bare perusal of the tracking report submitted by the complainant/respondent also indicates that the item booked was not delivered. The item delivery was confirmed on 08.01.2021 to Debabrata Deb at 15.22.00 but again the postal report showed that on the same date the item again was dispatched at around 16.10.23. Therefore, the postal tracking report based on which the service of summons upon the accused/petitioner is deemed to be completed is not certain about summons duly been served upon the petitioner on that day or not. It is the further case of the accused/petitioner that the trial court erroneously and most mechanically deemed the service to be completed and issued BWA and then NBWA against the accused/petitioner. Being aggrieved with the orders of the trial court, the present criminal revision petition has been filed. 7. Mr. B. Kaushik, learned counsel appearing for the petitioner, submits that the trial court by presuming that the summons has been served, issued Bailable Warrant of Arrest (BWA) against the accused/petitioner and the same was continued by several orders. He further submits that thereafter Non bailable Warrant (NBWA) has also been issued. He further submits that the accused/petitioner is ready and willing to appear before the trial court within 3(three) weeks from today. Page No.# 5/5 8. In view of the aforesaid assurance given by Mr. B. Kaushik, learned counsel for the petitioner, this court in the interest of justice deems appropriate to dispose of the instant criminal revision petition at the motion stage before issuance of notice, and accordingly, does so. 9. As such, the accused/petitioner is directed to appear before the trial court within 3(three) weeks from today, i.e., within 21.07.2025, and upon such appearance, the trial court shall proceed with the matter in accordance with law, and till 3(three) weeks, and/or appearance of the accused/petitioner before the trial court, whichever is earlier, the orders dated 22.02.2021, 04.02.2023 and 30.04.2025, passed by the Court of JMFC-4, Kamrup (M), in C.R. Case No.2204/2020, shall remain in abeyance. 10. Ordered accordingly. 11. With the above observation and direction, the criminal revision petition is accordingly disposed of. JUDGE Comparing Assistant