Page No.# 1/3 GAHC010003872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./19/2025 KULEN DAS S/O LATE DIGENDRA CHANDRA DAS, RESIDENT OF VILLAGE SARUBALISHIHA, PO LATIBARI, PS TAMULPUR,DIST BAKSA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:DAPON SARKAR S/O LALMOHAN SARKAR RESIDENT OF VILLAGE BAJEGAON PATHAR PO KATAJHAR PS GOBARDHANA DIST BAKSA BTR ASSA Advocate for the Petitioner : MR S C DAS, B SARKAR,MR. C. SHIL,P BURAGOHAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 09.01.2025 Heard Mr. S.C. Das, learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the BNSS, 2023, praying for recalling of the NBWA issued against the petitioner by the Ld. Court of the Addl. Chief Judicial Magistrate, Barpeta in vide N.I Case No.154/2022 U/S 138 of N.I. Act. 3. The petitioner has been facing the trial in the aforesaid case before the Court below. During that period, he met with an accident and he had to take medical treatment for a long time. He had informed a lawyer to the effect but his lawyer did not communicate the matter to the Court. As a result of which, the Trial Court issued a NBWA against the petitioner. 4. The petitioner submits that he is interested in facing the trial and therefore, he deserves to be given one opportunity to appear before the Trial Court. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court is satisfied that the petitioner has shown a good cause for his absence and the petitioner submits that he is interested in facing the trial, he deserves to be given one opportunity to appear before the Trial Court. 7. Therefore, all orders directing the issue of NBWA against the present petitioner in respect of N.I Case No.154/2022 U/S 138 of N.I. Act pending in the Ld. Court of the Addl. Chief Judicial Magistrate, Barpeta are hereby set aside. Page No.# 3/3 8. The petitioner, namely, Sri Kulen Das is directed to appear before the Trial Court on or before 17.01.2025. On that day, the petitioner shall be allowed to go on fresh bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the Ld. Court of the Addl. Chief Judicial Magistrate, Barpeta. 9. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant