Page No.# 1/3 GAHC010243172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1376/2025 KHAGEN KUMAR BORAH S/O LATE PADMA KANTA BORAH RESIDENT OF HOUSE NO 8, AYODHYA PATH, JATIA, NOTBOMA PATH, PS DISPUR, DIST KAMRUP (M), ASSAM VERSUS JIBAN KRISHNA DAS S/O LATE PURNA CH. DAS R/O HOUSE NO 16, JURI PATH, BYE LANE II, LALGANESH, GUWAHATI 781034, DIST KAMRUP (M), ASSAM Advocate for the Petitioner : MR. K K HANDIQUE, MR. M K DEURI,MS N M PEGU Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 12.11.2025 1. Heard Mr. K. K. Handique, the learned counsel for the petitioner. 2. This application under Section 528 of the BNSS, 2023 has been Page No.# 2/3 filed by the petitioner, namely, Khagen Kumar Borah, impugning the order dated 08.10.2024 and subsequent orders passed by the Court of learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (M) in CR Case No. 3124/2022, whereby the non-bailable warrant of arrest were issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the respondent-Jiban Krishna Das, has lodged a complaint under Section 138 of the N.I. Act 1881 and on the basis of which CR Case No. 3124/2022 was registered. 4. The learned counsel for the petitioner submitted that though, the petitioner on receipt of the summons from the trial court appeared before the trial court and pleaded guilty of offence under Section 138 of the N.I. Act 1881 on 28.07.2023 and promised to pay the outstanding amount in instalments, however, after paying few instalments he defaulted on 08.10.2024, as he was not informed about the said date by his newly engaged counsel, neither the said counsel took necessary steps before the trial court. 5. The learned counsel for the petitioner has submitted that the petitioner is ready to appear before the Court of learned Sub- Divisional Judicial Magistrate No. 1, Kamrup (M) in CR Case No. 3124/2022 on the next date fixed i.e. on 06.01.2026 and complied with the courts order. However as non-bailable warrant have already been issued against him, he needs some interim protection in this regard. 6. I have considered the submission made by the learned counsel Page No.# 3/3 for both sides and have perused the records. 7. Considering the submissions made by the learned counsel for the petitioner as well as also considering the fact that the petitioner is ready to appear before the Court on 06.01.2026, i.e. the next date fixed in CR Case No. 3124/2022 and also ready to pay cost which may be imposed by this Court, this criminal petition is accordingly disposed of with a direction to the petitioner to appear before the Court of learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (M) in CR Case No. 3124/2022 on the next date fixed on 06.01.2026 and comply with the Court’s order. 8. To facilitate his appearance before the said Court, the operation of non-bailable warrant of arrest issued against the petitioner is hereby kept in abeyance till 06.01.2026 subject to deposit a cost of Rs. 5,000/- in the Court to be given to the respondent on that day by the said court. 9. With the above observations, this criminal petition is hereby disposed of. JUDGE Comparing Assistant