IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMMO No. 837 of 2025 Date of Decision: 17.3.2026 _____________________________________________________________________ Suresh Chauhan ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sative Chauhan, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the State. Mr. M.S. Katoch, Advocate, for respondent No.2. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, prayer has been made by the petitioner for cancellation of NBWs dated 17.7.2025, issued by the learned Judicial Magistrate First Class Anni in case titled Davender Kumar v. Suresh Chauhan in Comp.US138Nia/63/2022. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Sative Chauhan, learned counsel for the petitioner is that on account of medical emergency, 2 petitioner was unable to come present before the learned trial Court on the given date, but yet trial court below proceeded to issue NBWs on 17.7.2025. 3. Having taken note of ground of medical emergency raised at the behest of the petitioner, this court vide order dated 10.9.2025 stayed the proceedings before the learned trial Court, as a result of which, complaint filed under Section 138 of the Negotiable Instruments Act at the behest of the complainant has not progressed till date. This Court having carefully perused petition as well as afore documents adduced on record, sees no illegality or infirmity in the order dated 17.7.2025, whereby NBWs came to be issued against the petitioner for his having not put in appearance in the court concerned, but having taken note of the statement made by the learned counsel for the petitioner that petitioner is ready and willing to join the proceedings on the next date, this Court without going into the merits of the case, deems it fit to dispose of the same with direction to the petitioner to remain present in the court of Judicial Magistrate First Class Anni, Kinnaur on 5.5.2026, on which date, case is stated to be listed before the court concerned and till then, NBWs dated 17.7.2025, issued for securing the presence of the petitioner shall not be executed. Ordered accordingly. Ordered accordingly. It is made clear that in case petitioner fails to put in 3 appearance on the afore date, police would be at liberty to execute the NBWs dated 17.7.2025. 4. In the aforesaid terms, present petition is disposed of along with pending applications, if any. March 17, 2026 (Sandeep Sharma), (manjit) Judge