Page No.# 1/3 GAHC010145622025 2025:GAU-AS:8893 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./790/2025 SRI PARAMESH MALLICK S/O- JATINDRA MALLICK, R/O- VILL. NO.2, BHETAGAON, NEAR BIJNI VIDYAPEETH HIGH SCHOOL. DIST.- CHIRANG, PIN-783390, ASSAM AND PROPRIETOR OF M/S VIVEKANANDA DRUG DISTRIBUTORS. VERSUS D. G PHARMA AND ANR A PARTNERSHIP FIRM OF SRI DEVESH GHORAWAT AND SRI NITIN GHORAWAT HAVING ITS OFFICE SITUATED AT 1ST FLOOR, ASHOKA HOUSE, NEAR ATHGAON GOSALA, K.C. ROAD CHATRIBARI, GUWAHATI- 781008, DIST.- KAMRUP(M), ASSAM, REPRESENTED BY IT'S MANAGER SRI ASH KARAN RANKA, S/O- LATE AMOLAKH CHAND RANKA. 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. R SARMA, D SARMA,MR. R AHMED,MR. B.J. BRAHMA,A H CHOUDHURY Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.07.2025 1. Heard Mr. R. Sarma, the learned counsel for the petitioner. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, namely, Sri Paramesh Mallick impugning the order dated 28.02.2024, passed by the Court of the learned Judicial Magistrate First Class, Kamrup (M) in C.R. Case No. 3306/2021, whereby the Trial Court issued non-bailable warrant of arrest against the petitioner. 3. The learned counsel for the petitioner has submitted that the respondent No. 1 has filed a case under Section 138 of the N.I. Act, 1881 against the present petitioner, which is registered as C.R. Case No. 3306/2021. 4. The learned counsel for the petitioner has submitted that after receiving summons from the Trial Court, the petitioner had appeared before the Trial Court and he was allowed to go on bail of Rs. 10,000/- with a surety of like amount. He submits that on 28.02.2024, when the aforesaid case was fixed before the Trial Court, the petitioner could not appear before the said Court due to some communication gap and on that day, the Trial Court issued non-bailable warrant of arrest against him. 5. The learned counsel for the petitioner has submitted that in the Page No.# 3/3 C.R. Case, there is a talk of compromise going on between the parties and there is a possibility of an amicable settlement between the parties. The petitioner also submits that he is ready to appear before the Trial Court on the next date fixed, i.e. on 25.07.2025. However, as the non-bailable warrant of arrest has already been issued against him, he is apprehensive that he may be arrested in execution of the said warrant of arrest. 6. Considering the submissions made by the learned counsel for the petitioner, this Court opposes to dispose of this criminal petition without issuing notice to the respondent No. 1. 7. As there is a talk of amicable settlement going on between the parties and as the petitioner is ready to face the trial, and appear before the Trial Court on the next date fixed, to facilitate his appearance, the operation of non-bailable warrant of arrest issued against him shall remain in abeyance till 25.07.2025. 8. On that day, the petitioner shall appear before the Trial Court and may make the prayer for seeking appropriate relief before the Trial Court. 9. This criminal petition is accordingly disposed of. JUDGE Comparing Assistant