Page No.# 1/3 GAHC010152222025 2025:GAU-AS:9874 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./909/2025 BISHNU DAS S/O- LATE DIGESH DAS. R/O- KALONGPAR, NO.1 DEONAL, P.O.- HAHARA, P.S.- SONAPUR, DIST.- KAMRUP (M), GUWAHATI- 782402, ASSAM. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PP, ASSAM. 2:SRI BIPUL KALITA S/O- SANTO RAM KALITA. R/O- KHANAMUKH GUWAHATI-14 P.S.- JALUKBARI KAMRUP(M) ASSAM Advocate for the Petitioner : MS. S KANUNGOE, N J LOUCU,C V INTONG,MR. D MAZUMDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 31.07.2025 Heard Mr. D. Mazumdar, learned counsel for the petitioner and Mr. B. Sharma, learned Page No.# 2/3 Additional Public Prosecutor for the respondent State of Assam. 2. The instant criminal petition under Section 528 Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred seeking setting aside and quashing of an Order dated 14.09.2023 and also subsequent Orders dated 18.12.2023, 23.04.2024, 16.08.2024, 20.01.2025 and 28.05.2025 passed in the proceeding of NI Act Case no. 1815/2018. By those orders, the Trial Court of learned Civil Judge [Jr. Division] no. 3 – cum – Judicial Magistrate, First Class, Kamrup [Metro] at Guwahati had issued Non Bailable Warrants of Arrest [NBWAs] against the petitioner who is the sole accused in the proceedings of complaint case, NI Act Case no. 1815/2018 pending before the said learned Trial Court. 3. In the complaint of NI Act Case no. 1815/2018, the petitioner has been arrayed as the sole accused in view of dishonour of a cheque amounting to Rs. 5,06,800/- issued by him in favour of the complainant therein on an account maintained by him at the State Bank of India, Dispur Branch. The complaint has been lodged for the offence under Section 138, NI Act. After taking of cognizance, process was issued against the petitioner and he, after receipt of summons, appeared before the learned Trial Court. On application being made, the petitioner was allowed to go on bail on 19.12.2018. During the subsequent period, the petitioner continued to appear regularly in the proceedings of NI Act Case no. 1815/2018 until 14.09.2023. 4. On 14.09.2023, the petitioner failed to appear in person before the learned Trial Court and no steps were taken on his behalf by the learned engaged counsel on that day. The learned Trial Court recording the petitioner’s absence issued Non Bailable Warrant of Arrest [NBWA] against the petitioner. On the subsequent dates on 18.12.2023, 23.04.2024, 16.08.2024, 20.01.2025 and 28.05.2025, the learned Trial Court issued NBWAs to secure the appearance of the petitioner in the proceedings of NI Act Case no. 1815/2018. 5. In the above backdrop, the petitioner has approached this Court by the instant criminal petition with the prayer to set aside the NBWAs issued against him. 6. Learned Additional Public Prosecutor has submitted that there is no infirmity in passing the Order dated 14.09.2023 and the other subsequent Orders dated 18.12.2023, 23.04.2024, Page No.# 3/3 16.08.2024, 20.01.2025 and 28.05.2025. 7. Mr. Mazumdar, learned counsel for the petitioner has submitted that the petitioner is ready and willing to participate in the proceedings of NI Act Case no. 1815/2018 henceforth, without any default. 8. An expeditious conclusion of the proceedings of N.I. Act Case no. 1815/2018 are for the interests of all concerned stakeholders, more particularly, the complainant. This Court is of the considered view that in the interest of justice, Non Bailable Warrant of Arrest [NBWAs] issued against the petitioner by the Order dated 14.09.2023 and all other subsequent orders can be kept in abeyance for the period upto 06.08.2025, that is, the next date of listing of the case so that the petitioner can appear and submit to the jurisdiction of the learned Trial Court without the apprehension being taken into custody in execution of the NBWAs issued against him, to participate in the further proceedings of the NI Act Case no. 1815/2018. 9. Accordingly, it is ordered that the petitioner shall appear before the learned Trial Court on 06.08.2025 and during the period upto 06.08.2025, the Non Bailable Warrants of Arrest [NBWAs] issued vide Order dated 14.09.2023 and all other subsequent orders shall be kept in abeyance. It is further observed that if the petitioner upon his appearance on the next date, which is fixed on 06.08.2025, submits an application for bail, the learned Trial Court shall consider the same on its own merits and in accordance with law. 10. The criminal petition is disposed in the afore-stated terms. JUDGE Comparing Assistant