Page No.# 1/4 GAHC040019782025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./267/2025 Smti Dai Yakia Wife of Shri Dai Tamo, O/o Western Zone, Yachuli, PO and PS Yachuli, Keyi Panyor District, Arunachal Pradesh. VERSUS The State of AP and Anr represented by the PP of AP 2:Smti Rupa Dera Age: 0 Occupation : Wife of Late Taluk Dera resident of Polo Colony PO and PS Naharlagun Papum Pare district Arunachal Pradesh Advocate for the Petitioner : Tamo Taggu, G Loyi,Reyom Karga Advocate for the Respondent : P P of AP, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 02.12.2025 Heard Mr. T. Taggu, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent. 2. The petitioner has been convicted for the offence under Section 138 of the Negotiable Instrument Act and was directed to pay a fine of Rs. 2,00,000/- (Rupees two lakhs) only and cheque amount of Rs. 10,00,000/- (Rupees ten lakhs) only in total Rs. 12,00,000/- (Rupees twelve lakhs) only to the respondent/complainant failing which she shall undergo simple imprisonment for a period of 2(two) months. 3. Being aggrieved, the petitioner preferred Criminal Appeal No. 11/2025 before the learned Sessions Court, Yupia challenging the said judgment and order dated 14.08.2025, and also filed Misc. Case No. 196/2025 under Section 430(1) of BNSS, 2023, praying for suspension of sentence during pendency of appeal. The next date of appeal is posted on 09.01.2026. 4. During the pendency of the appeal, by an order dated 28.10.2025, the learned Judicial Magistrate First Class, Yupia, issued non-bailable warrant of arrest against the petitioner in Misc. Case No. 278/2025 filed by the complainant for non-payment of the amount. Next date of the case is fixed on 04.12.2025, for his appearance/report on NBWA. 5. By filing this application, filed under Section 528 of BNSS, 2023, the petitioner is praying for suspension/stay of the impugned order dated Page No.# 3/4 28.10.2025 in Misc. Case No. 278/2025 in connection with Complaint Case No. 98/2021 under Sections 138/142 of NI Act, 1881, passed by the learned Judicial Magistrate First Class, Yupia. 6. The contention of the petitioner is that despite the pendency of the appeal, no order on the application for suspension of sentence has been passed, and the issuance of NBWA would frustrate the appeal itself. 7. From the above, it appears that the petitioner failed to pay the amount to the complainant, due to which the complainant/respondent No. 2 filed Misc. Case No.278/25 praying for arrest of the convict/petitioner. It further appears that the petitioner filed an appeal before the Sessions Court against the judgment and order dated 14.08.2025, and although there is a prayer for stay of the execution of the said judgment, the same is still pending before the learned Sessions Court and the next date is posted on 09.01.2026. 8. Under the circumstances, this Court is of the view that a limited interim protection is warranted to secure the ends of justice. 9. Accordingly, purely on interim measure and without expressing any opinion on the merits of the case, it is directed that the operation of the impugned order dated 28.10.2025, whereby NBW has been issued against the petitioner, shall remain stayed. No coercive steps shall be taken against the petitioner till 09.01.2026. The petitioner shall appear before the learned sessions judge on 9.01.2026 and press her application for suspension of the order dated 14.8.2025 and or for stay of default sentence. And in case the petitioner fails to appear or does not pursue the remedy, the interim protection shall automatically stand vacated. Page No.# 4/4 10. This petition is disposed of in the above terms. JUDGE Comparing Assistant