Page No.# 1/3 GAHC010175632025 2025:GAU-AS:10631 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./963/2025 MD. NAZMUL HAQUE SON OF ABDUL RAHMAN R/O HOUSE NO.17, NEAR BHASKAR NAGAR MASZID, BAMUNIMAIDAM, DIST. KAMRUP (M), P.S. NOONMATI P.O. BAMUNIMAIDAM PIN- 781021 VERSUS THE GNRC MEDISHOP PVT LTD UZANBAZAR, GUWAHATI-1, KAMRUP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA,MR H DAS Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 12.08.2025 Heard Ms. T. Som, learned counsel for the petitioner. 2. The instant criminal petition under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred seeking setting aside and/or quashing of an Order dated Page No.# 2/3 27.02.2023 and all subsequent Orders passed thereafter in the course of proceedings of a complaint case, CR Case no. 412/2021, presently pending before the Court of learned Judicial Magistrate First Class, Kamrup [Metro] at Guwahati [‘the Trial Court’, for short]. By the Order dated 27.02.2023, the Trial Court recording the absence of the petitioner as accused in CR Case no. 412/2021, had ordered for issuance of Non-Bailable Warrant of Arrest [NBWA] against the petitioner to secure his appearance in the said proceedings. As the petitioner was found absent on subsequent dates on 26.06.2023, 07.10.2023, 22.12.2023, 27.02.2024, 04.05.2024, 05.09.2024, 03.12.2024, 22.04.2025 in the proceedings either with steps or without steps, the Trial Court ordered issuance of fresh NBWAs against the petitioner. 3. The genesis of institution of the proceedings of CR Case no. 412/2021 is filing of a complaint by the respondent herein as the complainant alleging commission of an offence under Section 138 of Negotiable Instruments [NI] Act, 1881 as amended. On 08.04.2021, the Trial Court took cognizance of the offence under Section 138, NI Act and issued process in the form of summons to the petitioner as the accused. In the meantime, there was advent of Covid-19 pandemic which continued for a period. On 02.04.2022, the Trial Court issued Bailable Warrant of Arrest [BWA] against the petitioner. 4. The petitioner has approached this Court by the instant petition submitting that he is ready and willing to participate in the proceedings of CR Case no. 412/2021 by appearing before the Trial Court. The petitioner has expressed an apprehension that as Non-Bailable Warrants of Arrest [NBWAs] have already been issued, he would be taken into custody in execution of those NBWAs before his appearance willingly before the Trial Court. It has been submitted that if the NBWAs already issued against the petitioner, which are in currency, are kept in abeyance for a limited period, the petitioner will be able to appear before the Trial Court without such apprehension and also can submit an application making a prayer for bail. It is stated that next date of the case is fixed on 13.08.2025. 5. The appearance of the petitioner as the accused in the proceedings of CR Case no. 412/2021 is necessary for an expeditious conclusion of the proceedings of the CR Case no. 412/2021. As the petitioner has made an undertaking that he is ready and willing to participate in the further proceedings of CR Case no. 412/2021 and there will not be any Page No.# 3/3 deliberate default on his part henceforth, this Court, taking into consideration the interest of expeditious conclusion of the trial is of the considered view that the NBWAs issued against the petitioner can be kept in abeyance for a limited period of 10 [ten] days so as to enable the petitioner to appear before the Trial Court without the apprehension of being taken into custody in execution of the NBWAs already issued by the Trial Court against him. 6. It is accordingly directed that the petitioner shall appear before the Trial Court within a period of 10 [ten] days from today and if upon appearance, the petitioner submits any application for bail, the Trial Court shall consider such bail application on its own merits and in accordance with law. It is further observed that for a period of ten days from today, the NBWA issued against the petitioner shall remain in abeyance. 7. The instant criminal petition is disposed of in the afore-stated terms. JUDGE Comparing Assistant