Page No.# 1/3 GAHC010048232025 2025:GAU-AS:2595 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./288/2025 DIPANKAR DEKA S/O LATE GOPAL DEKA R/O VILL-DAGAON PO.O.AHATGURI,P.S. DHARAMTUL, DIST. MORIGAON, ASSAM, PIN-782412 VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE LEARNED PP, ASSAM 2:SRI PARAG JYOTI BORAH S/O SRI BABUL BORAH R/O VILL-RAJAGAON (BIHARIPOTTY WARD NO. 5 P.O. P.S. AND DIST. MORIGAON ASSAM PIN-788210 Advocate for the Petitioner : MR. S B LASKAR, A. H. AHMED,MS D DUTTA,MR. H A LASKAR,MR. A S TAPADER Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.03.2025 Heard Mr. S.B. Laskar, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor. 2. This application under Section 528 of BNSS, 2023 has been filed by the petitioner Sri Dipankar Deka impugning the Order dated 27.01.2025 passed by learned Additional Chief Judicial Magistrate, Morigaon in Criminal Case no. 711/2021, whereby, non-bailable warrant of arrest has been issued against the present petitioner. 3. Learned counsel for the petitioner has submitted that the petitioner has been convicted by the Trial Court in Criminal Case no. 711/2021 under Section 138 of the Negotiable Instruments Act, 1881 and he was sentenced to undergo simple imprisonment for 3 (three) months and to pay a fine of Rs. 6,00,000/-. 4. Learned counsel for the petitioner has submitted that the petitioner has not preferred any appeal against the order of conviction as a talk of compromise is going on between the petitioner and the respondent no. 2. 5. Learned counsel for the petitioner has submitted that the next date of Criminal Case no. 711/2021 is fixed on 19.03.2025 and he is ready to appear before the Trial Court on the said date, however, he seeks some interim protection as non-bailable warrant of arrest has been issued against him. Page No.# 3/3 6. In view of the submissions made by the learned counsel for the petitioner as well as in view of the facts and circumstances of this case, this Criminal Petition is disposed of with a direction to the petitioner to appear before the Trial Court, that is, the Court of learned Additional Chief Judicial Magistrate, Morigaon in Criminal Case no. 711/2021 on the next date fixed, that is, on 19.03.2025. 7. In order to facilitate his appearance before the said Court, operation of non-bailable warrant of arrest issued against him by the said court shall remain suspended till that day, that is, 19.03.2025. 8. With the above observations, this Criminal Petition is disposed of. JUDGE Comparing Assistant