Page No.# 1/3 GAHC040006632025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./87/2025 Ms Joshna Rukhie proprietor of M/s Sangram Dance and Fitness Institution, resident of Bank Tinali, Itanagar, Daughter of Shri Kekho Rukhie, permanent resident of Laju Village, Tirap District, Arunachal Pradesh. VERSUS The State of AP and Anr represented by the PP of AP 2:Radhe Sira Age: 0 Occupation : Son of Late Radhe Tayu permanent resident of Village Tajang Lower Siang District Arunachal Pradesh Advocate for the Petitioner : Teto Taba, Punung Borang,Nimcha Hondique,Vijay Duku Raji,Begi Taba,C Ering Advocate for the Respondent : P P of AP, -BEFORE- HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY -O R D E R- 01.05.2025 Page No.# 2/3 1. Heard Mr. T Taba, learned counsel for the petitioner. Also heard Mr. G Tado, learned Additional Public Prosecutor, Arunachal Pradesh. 2. The petitioner is facing trial under Section 138/142 of the NI Act, 1881 in CR case No. 70/2023. She is aggrieved by two orders dated 27.01.2025 and 20.03.2025, whereby NBWA has been issued against the petitioner for her failure to appear before the trial court on fixed dates. 3. The learned counsel for the petitioner referring to the present petition submits that non-appearance of the petitioner before the trial court on 27.01.2025 and 20.03.2025 is neither intentional nor deliberate. According to her, the petitioner has been regularly appearing in the trial court and the petitioner undertakes that she will regularly appear before the trial court on subsequent dates of hearing without any default. According to the petitioner, she did not appear before the trial court on said two dates as inadvertently, the petitioner thought that next date for appearance before the trial court was on 27.04.2025 instead of 27.01.2025 and 20.03.2025. 4. Be that as it may, as the petitioner has given certain explanation for non- appearance and has undertaken to appear before the learned trial court on regular basis and therefore, in the considered opinion of this court the matter should be relegated back to the learned trial court to consider the explanation given by the petitioner inasmuch as, if the petitioner seriously willing to face trial without default the learned trial court may consider the same. 5. Accordingly, the present petition is disposed of relegating the petitioner before the learned trial court to file fresh application to recall the NBWA issued against her. The petitioner shall appear before the learned trial court on 05.05.2025. On such application being filed, the learned trial court may consider the same as per law. Page No.# 3/3 6. Till such determination is made, the NBWA issued in terms of the orders dated 27.01.2025 and 20.03.2025 shall remain suspended. 7. The criminal petition stands accordingly disposed of. JUDGE Comparing Assistant