Page No.# 1/4 GAHC010178912025 2025:GAU-AS:10962 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./996/2025 PALLABI CHOUDHURY DAS W/O LT. ANANTA DAS RESIDENT OF CITY ELITE SCHOOL, LOKHRA ROAD, LOKHRA, GUWAHATI, PIN-781040, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:RAJDEEP BAGCHI SON OF SRI PARIMAL BAGCHI R/O H. NO. 4 SISTER NIBEDITA PATH BHASKAR NAGAR GUWAHATI PIN-781018 DIST. KAMRUP (M) ASSAM (REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY Page No.# 2/4 ORDER 18.08.2025 Heard Ms. T. Som, learned counsel for the petitioner and Mr. R.R. Kaushik, 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 to assail an Order dated 01.08.2025 passed by the Court of learned Judicial Magistrate, First Class, Kamrup [M], Guwahati [‘Trial Court’] during the course of the proceedings of a complaint case, C.R. Case no. 810/2018 pending before it. 3. By the Order dated 01.08.2025, the Trial Court after dismissing a petition, Petition no. 2925 preferred on behalf of the petitioner who is standing in the trial of C.R. Case no. 810/2018 as accused, has ordered issuance of Non-Bailable Warrant [NBWA] to secure her appearance on the next date of hearing, 28.10.2025. 4. The petitioner as the accused is facing a trial before the Trial Court for an offence under Section 138, Negotiable Instrument [N.I.] Act, 1881, as amended. The said complaint had been instituted by the respondent no. 2 herein as the complainant. The allegations in the complaint are inter-alia to the effect that for discharge legally enforceable debt/liability, the petitioner had issued one cheque for a sum of Rs. 1,00,000/- in favour of the complainant from an account maintained by her. 5. It is projected that during the proceedings of C.R. Case no. 810/2018, the petitioner had already paid the cheque amount of Rs. 1,00,000/- to the respondent-complainant and a settlement has also bee arrived at between the petitioner and the respondent no. 2- complainant on 25.06.2025 to the effect that on payment of another sum of Rs. 45,000/-, the complainant would withdraw the case. In the Order dated 25.06.2025 passed by the Trial Court, it is reflected that the parties has reached at settlement and the petitioner as the accused would pay a sum or Rs. 45,000/- to the complainant and upon payment of the sum of Rs. 45,000/-, the complainant would withdraw the case. The Order further reflects that the Page No.# 3/4 petitioner-accused has undertaken to pay a sum of Rs. 30,000/- to the complainant on 01.08.2025. 6. The petitioner has submitted that due to back and knee pain on 01.08.2025, she could not appear before the Trial Court on that day and a petition, Petition no. 2925 was filed on her behalf by the engaged counsel seeking time. But, the Trial Court having been not satisfied with the ground shown, has dismissed the petition and ordered issuance for Non-Bailable Warrant of Arrest [NBWA] against the petitioner. 7. The petitioner has further stated that the cheque amounting Rs. 1,00,000/- has already been paid by the petitioner to the complainant. The parties have arrived at a settlement that on payment of a sum of Rs. 45,000/- to the complainant, the complainant would withdraw the complaint case. As there was an undertaking on behalf of the petitioner that an amount of Rs. 30,000/- would be paid on 01.08.2025 and the petitioner did not appear before the Trial Court, the same might have persuaded the Trial Court to reject Petition no. 2925 and to order for issuance of NBWA. 8. The petitioner has now undertaken that she will appear before the Trial Court on the next date of hearing, 28.10.2025 and will make earnest efforts to abide by the terms and conditions of the settlement arrived at with the complainant. It is submitted on behalf of the petitioner that the petitioner has apprehension that she might be taken into custody in the meantime in execution of the NBWA issued against her by Order dated 01.08.2025. 9. Upon consideration of the statement made by the petitioner that she will appear before the Trial Court on the next date of hearing, 28.10.2025, and will make earnest efforts to abide by the terms and conditions of the settlement arrived at with the complainant as regards payment of an amount of Rs. 45,000/-, this Court is of the considered view that in the interest of justice, the NBWA issued against the petitioner by Order dated 01.08.2025 should be kept in abeyance so that the petitioner can appear before the Trial Court on 28.10.2025 without the apprehension being taken into custody in execution of the NBWA issued against her. This court is of the further view that if the petitioner is taken into custody, Page No.# 4/4 in the meantime, in execution of the NBWA against her, the efforts on the part of the petitioner to abide by the terms and conditions of the settlement and to pay the agreed amount has a possibility of being adversely impacted. It is, therefore, ordered that the NBWA issued against the petitioner by the Order dated 01.08.2025 shall remain in abeyance till 28.10.2025 as the petitioner has undertaken to appear before the Trial Court on that date. If the petitioner upon her appearance before the Trial Court on 28.10.2025 submits an application for recalling the NBWA issued against her, the Trial Court shall consider the same on its own merits and in accordance with law. 10. The criminal petition is disposed of in the afore-stated terms. No cost. JUDGE Comparing Assistant