Page No.# 1/4 GAHC010172842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./949/2025 LUKU MONI HAZARIKA ALIAS LUKU MANI HAZARIKA W/O LT. BIKASH BORUAH R/O PANINDRA ROAD, WARD NO. 3, P.O. NORTH LAKHIMPUR, P.S. NORTH LAKHIMPUR PIN-787001, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD. REPRESENTED BY THE REGIONAL OFFICE AT 3RD FLOOR KUSHAN PLAZA MUKESH HYANDAI GANESHGURI GUWAHATI-781006 Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA Advocate for the Respondent : PP, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.09.2025 1. Heard Ms. S.G. Baruah, the learned counsel for the petitioner. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 528 of BNSS, 2023 read with Article 227 of the Constitution of India, has been filed by the petitioner, namely, Luku Moni Hazarika Alias Luku Mani Hazarika, praying for setting aside of the order dated 19.06.2025, 05.03.2025, as well as 19.06.2025, passed in CR Case No. 3109/2019, by Court of learned Sub-Divisional Judicial Magistrate (S)-II, Kamrup (M) whereby, non-bailable warrant of arrest were issued against the petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner is facing a trial, before the Court of learned Sub-Divisional Judicial Magistrate (S)-II, Kamrup (M) in CR Case No. 3109/2019, under Section 138 of the Negotiable Instrument Act, 1881. 4. The learned counsel for the petitioner has submitted that the petitioner was regularly appearing before the Trial Court, and the trial was pending at this stage of evidence of the complainant side. 5. However, she submits that on 24.02.2025, the petitioner lost her mobile phone and as a result she could not contact her engaged counsel, and therefore, she was not aware of the next date fixed, and defaulted in appearing before the Trial Court on 05.03.2025, and on subsequent dates. Page No.# 3/4 6. The learned counsel for the petitioner has submitted that the petitioner was appearing in the Trial Court, in the same CR Case and is willing to appear and cooperate in the trial. 7. The learned counsel for the petitioner has submitted that the next date in CR Case No. 3109/2019, is fixed on 16.09.2025, and the petitioner is ready and willing to appear before the Trial Court on the same date, and cooperate in the trial. 8. However, she apprehends that as non-bailable warrant of arrest has been issued, hence, unless some protection is granted to the petitioner, it would be difficult for her to appear before the Trial Court on the same date. 9. I have considered the submissions made by the learned counsel for both sides and have gone through the records available before me. 10. Considering the grounds shown by the petitioner, for her non- appearance on the day, on 05.03.2025, in CR Case No. 3109/2019, before the Court of non-bailable arrest, and considering the fact that the petitioner is ready to appear, before the Trial Court on the next date fixed, this Criminal Petition is disposed of with a direction to the petitioner to appear before the Trial Court, in CR Case No. 3109/2019, on the next date fixed, i.e., on 16.09.2025. To facilitate her appearance before the Trial Court, the operation of non-bailable warrant of arrest issued against her, by the Trial Court shall remain suspended, till 16.09.2025. 11. Upon her appearance before the Trial Court, in pursuant to the direction of this Court, the petitioner may seek appropriate relief from the Trial Court in the said case, if so advised. Page No.# 4/4 12. This criminal petition is accordingly, disposed of. JUDGE Comparing Assistant