Page No.# 1/2 GAHC010140912025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./769/2025 CHANDRA KUMAR SARMA SON OF LATE DIRESWAR SARMA R/O HAZARIKAPARA, P.O. HAZARIKAPARA, P.S. SIPAJHAR IN THE DIST. OF DARRANG, ASSAM, PIN-784145, ASSAM VERSUS JATINDRA NATH SARMA AND ANR. SON OF LATE MOHENDRA NATH SARMA, PERMANENT RESIDENT OF VILL AND P.O. CHAMATA, P.S. BELSOR, DIST. NALBARI, ASSAM, PRESENTLY RESIDING AT HOUSE NO. 3, KETEKI PATH, GOTANAGAR, NEAR REDISSION BLUE HOTEL, GUWAHATI- 781011, P.S. JALUKBARI, 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, B E F O R E HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 27.06.2025 Page No.# 2/2 Heard Ms. A. Das, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent. 2. By way of this criminal petition, the petitioner is seeking setting aside of the impugned Orders dated 21.01.2025 and 27.03.2025 passed by the learned Judicial Magistrate First Class Kamrup (M) at Guwahati whereby Non Bailable Warrant of Arrest (NBWA) was issued against the petitioner in NI Case No. 2304/2024. 3. It appears that in the aforesaid NI Case, the Court of learned Judicial Magistrate First Class Kamrup (M), Guwahati, Assam by order dated 17.08.2024 after perusing the materials on record and being prima facie satisfied that there are materials under Section 138 of the NI Act against the petitioner, cognizance was taken. Accordingly, summon was issued to the petitioner for appearance. 4. It appears that on the next dates i.e. 13.12.2024 and 21.01.2025, the petitioner was absent with steps. However, on 21.01.2025 and 27.03.32025, it appears that the petitioner was absent without steps for which the NBWA was issued against the petitioner. 5. It is the specific case of the petitioner that the engaged counsel did not inform the petitioner as regard the date of hearing for which he could not appear or take steps on the dates fixed. 6. Ms. A. Das, learned counsel for the petitioner submits that the petitioner is ready and willing to face the trial and appear on all fixed date. She further submits that the next date of appearance is fixed on 14.07.2025. 7. In view of the aforesaid submission, this Court in the interest of justice deems it appropriate to dispose of this criminal petition at the motion stage itself before issuing notice by directing the petitioner to appear before the Trial Court on 14.07.2025 and till then the Orders dated 21.01.2025 and 27.03.2025 passed by the learned Judicial Magistrate First Class Kamrup (M) at Guwahati shall be kept in abeyance. Ordered accordingly. The Criminal Petition stands disposed of. JUDGE Comparing Assistant