Page No. 1/3 GAHC010183452025 2025:GAU-AS:10969 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1001/2025 PRADIP CHINTE S/O DHARMA KANTA CHINTE, R/O VILL. JARIGURI, P.S. HALEM, DIST. BISWANATH, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:SMTI SUJATA DEVI D/O TIKARAM KATEI VILL. MISAMARI P.O. MISAMARI P.S. HALEM DIST. BISWANATH ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 18.08.2025 Heard Mr. M. Hoque, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. Page No. 2/3 2. The petitioner has approached this Court by filing the present criminal petition under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 seeking setting aside of an Order dated 21.07.2025 passed by the Court of learned Sub-Divisional Judicial Magistrate [M], Gohpur [‘the Trial Court’, for short] in the proceedings of NI Case no. 10/2022. By the Order dated 21.07.2025, the Trial Court recording absence of the petitioner on that day, has ordered for issuance of Non-Bailable Warrant of Arrest [NBWA] against the petitioner to secure his appearance in the said proceedings. 3. The proceedings of complaint case, NI Case no. 10/2022 stood instituted at the instance of the respondent no. 2-complainant. In the complaint, the respondent no. 2- complainant had alleged commission of an offence under Section 138 of the Negotiable Instruments [NI] Act, 1881, as amended, on the ground that a cheque issued for an amount of Rs. 2,80,000/- by the petitioner in favour of the respondent no. 2-complainant from an account maintained by him towards discharge of legally enforceable debt stood dishonoured on the ground, ‘exceeds arrangement’ when presented for collection. 4. The learned counsel for the petitioner has submitted notwithstanding the petitioner’s absence on earlier occasions in the course of the proceedings of complaint case, NI Case no. 10/2022, the reason behind his absence on 21.07.2025 was genuine and unforeseen as on 21.07.2025, the petitioner’s grandfather had expired. The fact regarding death of the petitioner’s grandfather was brought to the notice of the Court in a petition, Petition no. 1283/2025 filed on behalf of the petitioner before the learned Trial Court. But, the learned Trial Court ignoring the fact of death of the petitioner’s grandfather, proceeded to issue NBWA against the petitioner. 5. On perusal of the Order dated 21.07.2025, it is found that the petition, Petition no. 1283/2025 had been rejected by the learned Trial Court after taking into consideration the previous conduct of the petitioner as the accused. The learned Trial Court had recorded that despite execution of the bailable warrant of arrest, the petitioner as the accused continued to seek adjournment on a number of dates. In such backdrop, the learned Trial Court deemed it fit and proper to issue NBWA against the petitioner on 21.07.2025 to secure his appearance Page No. 3/3 in the proceedings of complaint case, NI Case no. 10/2022. 6. As the petitioner has specifically averred in Petition no. 1283/2025 that his grandfather had expired on that day, this Court is of the considered view that notwithstanding the petitioner’s previous conduct in the course of the proceedings of complaint case, NI Case no. 10/2022, the ground cited in Petition no. 1283/2025 was one which was unforeseen and immediate for which the learned Trial Court, instead of ordering for issuance of NBWA on that day, could have granted an opportunity to the petitioner to support such fact of death of his grandfather. Having found the Order issuance of NBWA against the petitioner by Order dated 21.07.2025 not easy, it is observed that the NBWA issued against the petitioner shall remain in abeyance till 20.08.2025 as the petitioner has undertaken to appear before the learned Trial Court on 20.08.2024 and to apply for recalling the order of NBWA. It is further observed that in the event the petitioner appears before the Trial Court on 20.08.2025 and submits an application seeking recall of the NBWA, the Trial Court shall consider the reason for the petitioner’s absence on 21.07.2025 appropriate and thereafter, pass appropriate orders on its own merits and in accordance with law. 7. The criminal petition is disposed of in the afore-said terms. No cost. JUDGE Comparing Assistant