Page No.# 1/3 GAHC010256422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1481/2025 AMARJYOTI CHOUDHURY S/O LATE AKSHAY CHOUDHURY R/O OPP. SBI EVENING BRANCH, GNB ROAD, SILPUKHURI, P.O.- SILPUKHURI, P.S.- CHANDMARI, GUWAHATI- 781003, KAMRUP (METRO), ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:M/S SHREE SAI MARBALE AND GRANITE REPRESENTED BY ITS PROPRIETOR SHRI. SURENDRA MANDA SON OF SHRI. RAMU RAM MANDA OFFICE AT BELTOLA TINIALI NEAR TRINAYAN PATH BELTOLA ROAD GUWAHATI- 781028 DISTRICT- KAMRUP (M) ASSAM Advocate for the Petitioner : MR S P DAS, MS. S BAISHYA,MS C BORA,MR. ANGSHUMAN DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 28.11.2025 Page No.# 2/3 Heard Mr. S. P. Das, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. Invoking the power under Section 528 BNSS, the petitioner is seeking interference with and quashing of order dated 23.04.2025 passed by the learned JMFC, Kamrup(M), Guwahati issuing NBWA and proclamation against the petitioner in CR Case No. 3999C/2019. 3. The impugned order stated that NBWA upon the accused petitioner was returned with a report that he was not found in the given address. 4. It is submitted on behalf of the petitioner that the proceeding under Section 138 of the NI Act was initiated with regard to a cheque amount of Rs.67,000/- and even with regard to that the petitioner had already paid Rs.40,000/- and in this regard he has also issued a notice to the complainant side which is annexed as Annexure-3. 5. It is also submitted on behalf of the petitioner that the petitioner is willing to appear and co-operate with the further proceeding before the learned court below. 6. I have perused the relevant copies of the orders and other documents annexed with the petition and I deem it possible to dispose of the matter at this stage. 7. Accordingly, NBWA and proclamation issued against the petitioner vide order dated 23.04.2025 in CR Case No.3999C/2019 is hereby set aside and quashed and the petitioner is directed to appear before the learned trial court on the next date fixed and on subsequent dates. He will also provide his correct and present address before the learned court. 8. Accordingly, the instant criminal petition stands allowed and disposed Page No.# 3/3 of on the aforesaid terms. JUDGE Comparing Assistant