Page No.# 1/3 GAHC010196912025 2025:GAU-AS:11729 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1071/2025 JYOTISH KUMAR DAS S/O MR. NAKUL DAS PRESENT RESIDENT OF PUBLIC HEALTH COMPLEX, HOUSE NO. 216, HENGRABARI GUWAHATI-781006, PS DISPUR, DIST KAMRUP (M) PERMANENT RESIDENT OF VILL UJIRBARI, PO THAMNA, PS MUSHALPUR DIST BAKSA ASSAM MOBILE NO. 9957082585 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI HEMADA PATHAK WIFE OF SRI NABA KANTA KALITA PRESENT RESIDENT OF HOUSE NO.12 RUP NAGAR LP SCHOOL GANESH MANDIR NIZARA PATH PO-INDRAPUR PS BHANGAGARH GUWAHATI-781032 DIST KAMRUP(M) ASSAM PERMANENT RESIDENT OF VILL MAIGUMI P.O. AGUMI P.S CHAYGAON DIST- KAMRUP ASSA Advocate for the Petitioner : MR P NEOG, Advocate for the Respondent : PP, ASSAM, BEFORE Page No.# 2/3 HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 01.09.2025. Heard Mr. P. Neog, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1. This is an application under Section 528 of the BNSS, 2023 praying for setting aside the order of issuance of the NBWA and P/A, by the Court of learned Judicial Magistrate First Class, Kamrup (M) at Guwahati in C.R. Case No.3520/2017. During the course of deliberation, it is submitted by Mr. P. Neog, learned counsel for the petitioner that one N.I. Act Case was instituted by the respondent No.2, which was accordingly referred for mediation and in the mediation, both the parties arrived at a settlement and amount was fixed for Rs. 2 lakhs. Out of Rs. 2 lakhs, the petitioner had already paid Rs. 80,000/- but due to his illness and some other reasons, he could not pay the remaining amount of Rs. 1,20,000/- and during the Covid period, he could not make any contact with his engaged counsel. Due to non-payment of the agreed amount, the case was further proceeded and the prosecution witnesses were also examined and presently the case was fixed for defence witness. But when the matter was fixed for defence witness, the petitioner could not make any contact with his engaged counsel due to his severe illness who is suffering from several hematological problems. However, presently, the petitioner is ready and willing to appear before the Court and to pay the remaining amount of Rs. 1,20,000/- with the bank Page No.# 3/3 interest, if he is provided with some interim protection, so that he can appear before the learned Trial Court below. Considering the entire submissions made by the learned counsel for the parties, I have also perused the record and it is seen that initially the petitioner appeared before the Court and also the fact that the matter was referred mediation, wherein the parties had entered into an agreement. But subsequently, the petitioner failed to repay the entire amount and also did not appear before the Court. However, at present the petitioner is ready to pay the remaining amount of Rs. 1,20,000/-, along with the interest before the Court. Considering this aspect of the case, I find it a fit case to extent some interim protection to the present petitioner. Accordingly, the petitioner is directed to appear before the learned Trial Court within 15 (fifteen) days from today and will pray for regular bail, which will be considered in accordance with the law. Further, within these 15 (fifteen) days, the NBWA and P/A, issued against the present petitioner will be stayed/suspended. With the above observation, this petition stands disposed. JUDGE Comparing Assistant