Page No.# 1/3 GAHC010256262025 2025:GAU-AS:15834 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1450/2025 MUFTI ULLAH AZAD S/O MOULANA ABUL KALAM AZAD, R/O VILL. KUCHNIMARA, P.O. AND P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM PROPRIETOR OF MUFTI ULLAH, HARDWARE STORE, SITUATED AT KUCHINAMARA, P.O. MANKACHAR, DIST. DHUBRI SOUTH SALMARA MANKACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:M/S HILLS CEMENT COMPANY LTD. HAVING ITS CORPORATE OFFICE AT SHIVAM COMPLEX BHARALUMUKH A.T. ROAD GUWAHATI-781009 IN THE DISTRICT OF KAMRUP (M) ASSAM REPRESENTED BY ITS EMPLOYEE/ATTORNEY HOLDER MS. PUJA SARAF AS A COMPANY SECRETARY OF HILLS CEMENT CO. LTD. C/O SHIVAM COMPLEX A.T.ROAD BHARALUMUKH DIST. KAMRUP (METRO) ASSA Advocate for the Petitioner : MR N AHMED, MD. K ALI,MS. S DEVI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 21.11.2025 1. Heard Mr. N Ahmed, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Additional Public Prosecutor, Assam. 2. The present application is filed assailing orders dated 22.02.2023 and other subsequent orders passed by the learned Judicial Magistrate First Class-4, Kamrup (M), whereby NBWA was issued against the petitioner in connection with CR case No. 4191/2017 under Section 138/142 of Negotiable Instrument Act, 1881. 3. The next date of the case is fixed on 22.02.2026. 4. Perused the order sheets of the CR case, which are annexed herewith. 5. By an order dated 07.07.2018, summons were issued through registered post with A/D. From the record, it is seen that summons were returned un-served on 05.01.2019. Accordingly, summons were re-issued. However, on 06.06.2019, the learned Magistrate issued a BWA of Rs. 10,000/- against the petitioner presuming that as the notice has been issued through registered post, the summons were duly served. However, there is no material to suggest that any track report was submitted. However, such BWA was also not executed. Accordingly, NBWA was issued. 6. Thereafter, the matter was proceeded and on different dates NBWA were re-issued, however, the same were not executed but the record nowhere reflects the reason for non-execution of such NBWA. 7. It is also seen that on 07.04.2025 a direction was issued to issue fresh NBWA against the accused through Superintendent of Police, Dhubri. It is the case of the petitioner that suddenly on 13.10.2025, police visited his place and Page No.# 3/3 then he could realize that already a NBWA was pending against him. Accordingly, the present petition is filed. 8. Perusal of the material shows that the first BWA was issued on presumption as recorded hereinabove. Subsequent NBWA were no returned after execution. Accordingly, fresh NBWA were issued. 9. Considering the aforesaid material as well as statement of the petitioner that he could learn regarding such NBWA only on 13.10.2025, more particularly, the manner NBWA were issued and that those were not executed in time, this court is of the opinion that the petitioner be given a chance to contest the CR case. 10. Accordingly, it is provided that the petitioner shall appear before the learned trial court on or before 22.02.2026 (next date fixed in the case). On such appearance, the learned trial Magistrate shall consider the explanation that may be given by the petitioner and pass an order as per law. 11. The learned Magistrate shall also take note of the fact that BWA was issued on presumption of service of summon and subsequent NBWA were issued were not executed and there was no report that the petitioner was trying to evade or abscond. 12. Accordingly, with the aforesaid observation and direction the present criminal petition stands closed. The NBWA shall remain suspended till 22.02.2026 or till appearance of the petitioner before the learned trial court and any application filed is considered, whichever is earlier. JUDGE Comparing Assistant