Page No.# 1/3 GAHC010144872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./775/2025 TAKAR MARDE SON OF LATE TAKIR MARDE, RESIDENT OF C/O. BIDI HOUSE ESS SECTOR, HILL TOP COLONY, NEAR EXALT FOUNDATION SCHOOL, P.O. AND P.S. ITANAGAR DIST. PAPUMPARE, PIN 789111, ARUNACHAL PRADESH. VERSUS THE GNRC LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT GNRC COMPLEX, SUPERMARKET, DISPUR, GUWAHATI, PIN - 781006 IN THE DISTRICT OF KAMRUP METRO, ASSAM, REPRESENTED BY SRI KARUNA KT. SARMA ,SON OF LT. GOLOK CH. SARMA, RESIDENT OF VILL. AND P.O. DOBOKA P.S. RANGIA, PIN - 781380 IN THE DISTRICT OF KAMRUP, ASSAM AND POSTED AS DEPUTY SUPERINTENDENT ENT OF GNRC HOSPITALS SIXMILE OF THE GNRC LIMITED. Advocate for the Petitioner : MR B KAUSHIK, P LHAMU,K BHARALI,MR. S HAZARIKA,MR. P BORAH Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 27.06.2025 Heard Mr. S. Hazarika, learned counsel appearing for the petitioner. 2. By way of this petition under Section 528 of the Bharatiya Nagarik Surakhsa Sanhita (BNSS), 2023, the accused/petitioner, i.e., Takar Marde, is seeking setting aside of the impugned order dated 27.02.2024 passed in Complaint Case No.1247/2021, by the learned Additional Chief Judicial Magistrate, Kamrup (M) (hereinafter referred to as the “trial court”), wherein Non-Bailable Warrant of Arrest (NBWA) has been issued against the accused/petitioner. 3. It appears that in the pending Complaint Case No.1247/2021, pending before the trial court under Section 138 of the Negotiable Instruments Act, 1881, though initially the accused/petitioner was appearing; however, in view of the fact that subsequently on 27.02.2024 the petitioner was absent without any steps, the NBWA was issued against the accused/ petitioner. 4. Mr. S. Hazarika, learned counsel appearing for the petitioner, submits that the accused/petitioner is a cancer patient and is presently undergoing treatment at Max Super Specialty Hospital, Saket, New Delhi, and was scheduled to undergo liver transplant surgery in the 2nd week of June, 2025, however, the same has been postponed to 1st week of July, 2025. Mr. Hazarika, however, assures that on the next date of appearance before the trial court, i.e., 02.07.2025, the Page No.# 3/3 accused/petitioner shall appear through his counsel, and thereafter on the next date fixed, shall personally appear before the court. 5. In view of the facts stated above and considering the peculiarity of the grounds urged in support of the prayer made, in the interest of justice, this court deems appropriate to dispose of this criminal petition at the motion stage itself, before issuing notice to the respondent, with the direction to the accused/petitioner to appear before the trial court on 02.07.2025, either personally or through his engaged counsel, and upon such appearance, the trial court shall be at liberty to consider any petition, if filed on behalf of the accused/petitioner in accordance with law. 6. Ordered accordingly. 7. Resultantly, the impugned order dated 27.02.2024, passed in Complaint Case No.1247/2021, by the learned Additional Chief Judicial Magistrate, Kamrup (M), shall be kept in abeyance until 02.07.2025. 8. With the aforesaid observations and directions, the interlocutory application stands disposed of. JUDGE Comparing Assistant