Page No.# 1/3 GAHC010167192025 2025:GAU-AS:9895 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./918/2025 LAKHI BHARALI SON OF LATE KAMAL BHARALI VILL- RANGABANANIGAON P.O. RAJGARH P.S. TINGKHONG DIST. DIBRUGARH, ASSAM PIN-786612. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SHRI ANUP LASKAR S/O LATE HEM KANTA LASKAR VILL- SOUTH HAIBORGAON RRB ROAD P.O. HAIBORGAON P.S. NAGAON SADAR DIST. NAGAON ASSA Advocate for the Petitioner : MR. S DIHINGIA, MS M CHANGMAI,MR I HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Page No.# 2/3 31.07.2025 Heard Mr. S. Dihingia, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. 2. The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred seeking setting aside and quashing of an Order dated 09.06.2025 and all other Orders, dated 18.04.2024, 14.06.2024 16.08.2024, 28.10.2024, 07.01.2025 and 29.03.2025 passed in the proceedings of N.I. Case no. 37/2019. By those orders, the Court of learned Chief Judicial Magistrate, Nagaon [‘the Trial Court’, for short] had issued Non-Bailable Warrants of Arrest [NBWAs] against the petitioner who is the sole accused in the proceedings of N.I. Case no. 37/2019 3. The proceedings of N.I. Case no. 37/2019 was initiated after taking cognizance on a complaint lodged by the complainant before the learned Trial Court alleging commission of the offence under Section 138, Negotiable Instrument Act. The petitioner has been arrayed as the sole accused in view of dishonour of a cheque amounting to Rs. 10,00,000/- issued by him in favour of the complainant therein. After taking of cognizance, process was issued against the petitioner and the petitioner, after receipt of summons, appeared before the Court of learned Chief Judicial Magistrate, Nagaon. 4. The petitioner has stated that he is a daily wage earner and after the Covid-19 pandemic, the petitioner went to Kerala for his livelihood. It is averred that the petitioner engaged a lawyer to represent his case but due to default on the part of his engaged lawyer, the petitioner defaulted in appearances before the Trial Court on several dates. Due to his non-appearance before the Trial Court on those dates, mentioned above, the Trial Court ordered issuance of NBWAs against the petitioner to secure his appearance in the proceedings of N.I. Case no. 37/2019. 5. In the above backdrop, the petitioner has approached this Court by the instant criminal petition with the prayer to set aside the NBWAs. Page No.# 3/3 6. Learned Additional Public Prosecutor has submitted that there is no infirmity in the Order dated 09.06.2025 and all other orders, mentioned above. 7. Mr. Dihingia, learned counsel for the petitioner has submitted that the petitioner is ready and willing to participate in the proceedings of N.I. Case no. 37/2019 henceforth, without any default. 8. An expeditious conclusion of the proceedings of N.I. Case no. 37/2019 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 09.06.2025 and all other orders, mentioned above, can be kept in abeyance for the period upto 04.08.2025, 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 N.I. Case no. 37/2019. 9. Accordingly, it is ordered that the petitioner shall appear before the learned Trial Court on 04.08.2025 and during the period upto 04.08.2025, the Non-Bailable Warrants of Arrest [NBWAs] issued vide Order dated 09.06.2024 and all other orders, mentioned above, shall be kept in abeyance. It is further observed that if the petitioner upon his appearance on the next date, which is fixed on 04.08.2025, 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