Page No.# 1/2 GAHC010041142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./241/2025 SRI DEBAJIT HANDIQUE S/O HORENDRA NATH HNDIQUE R/O NATUN GAON, NH 37 AT ROAD, P O MOHANAGHAT, DIST. DIBRUGARH, ASSAM PIN-786003. VERSUS SRI BHASKAR JYOTI GOGOI S/O MR. H.K.GOGOI R/O MANKATA TEPAR GAON, P.O. C.R. BUILDING DIST. DIBRUGARH, ASSAM PIN-786003 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.03.2025 1. Heard Mr. S. Islam, learned counsel for the petitioner. 2. This application under Section 528 of BNSS, 2023 has been filed by the petitioner impugning the order dated 22.10.2024, whereby the Trial Court Page No.# 2/2 rejected an application filed by the petitioner’s counsel showing his absence and issued non bailable warrant of arrest against him. 3. The learned counsel for the petitioner has submitted that the petitioner is facing a trial under Section 138 of the NI Act in NI Case No. 43/2024. 4. The learned counsel for the petitioner has submitted that the petitioner defaulted in appearing before the Trial Court after receiving summons as he was out of station and he also filed an application before the Trial Court, however, the same was not considered. 5. The learned counsel for the petitioner is ready to co-operate in the trial and ready to appear before the trial on the next date fixed, which is 06.03.2025. 6. Considering the submissions made by the learned counsel for the petitioner as well as the fact that the petitioner is willing to face the trial, this criminal petition is disposed of with a direction to the petitioner to appear before the Trial Court on the next date fixed, i.e., 06.03.2025 and co-operate in the trial. 7. In order to facilitate the appearance of the petitioner before the Trial Court, the non bailable warrant of issued against him by the Trial Court, shall remain suspended till 06.03.2025, subject to the payment of cost of Rs. 1,000/- by the petitioner on that day to the respondent, namely, Sri, Bhaskar Jyoti Gogoi. 8. This criminal petition is accordingly disposed of. JUDGE Comparing Assistant