Page No.# 1/4 GAHC010058072025 2025:GAU-AS:2950 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./338/2025 PAPU DAS, S/O PRAFULLA DAS ,, R/O- GOHAIN GAON, DORIKA GHAT RAJABARI P,O- DELEHI GOHAIN GAON, P.S AND DISTRICT SIVSAGAR, ASSAM VERSUS PRANTIK BORAH S/O SUSHIL NATH, PROPREITOR OF MS GANESH HARDWARE, RESIDENT OF WEST JAMUNA ROAD, WARD NO. 2, PO AND PS AND DIST SIVASAGAR, ASSAM Advocate for the Petitioner : MR H BORAH, MR P SONOWAL Advocate for the Respondent : , Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 19.03.2025 Heard Mr. S. Deori, learned counsel for the petitioner. 2. This is an application under Section 528 of BNSS, 2023 praying for setting aside and quashing of the impugned orders dated 21.09.2022 to 22.04.2022, passed by the learned Additional Chief Judicial Magistrate, Sivasagar, Assam in NI Case No. 20/2021, under Section 138 of NI Act, 1881, whereby the learned Trial Court below had issued NBWA as well as P&A against the present petitioner. 3. It is submitted by Mr. Deori, learned counsel for the petitioner, that the present accused/petitioner was regularly appearing before the Court, but due to his illness, he could not appear before the learned Trial Court below on 21.09.2022. Further he submitted that initially the accused/petitioner was suffering from tuberculosis and till today, he is having problem of chest pain and cough and he is still under treatment. More so, his engaged counsel also did not inform him in regards to the date fixed by the learned Trial Court below for which he could not appear before the Court. He further submitted that in a similar nature of case, which is also pending before the same Court, i.e. Additional Chief Judicial Magistrate, Sivasagar, the petitioner had already obtained bail from this Court in Crl. Pet. No. 209/2025 and in pursuant to that, he also appeared before the learned Trial Court below and now he is facing trial in the said case. He further submitted that the accused/petitioner is still willing Page No.# 3/4 to appear before the learned Trial Court below and to contest the case if some interim protection is provided to him. 4. After hearing the submissions made by the learned counsel for the petitioner, I have also perused the case record and the annexures filed along with the petition, more particularly, the order sheets of the learned Court below. 5. On perusal of the order sheets of the learned Trial Court below, it is seen that the accused was appearing before the learned Court below and on some occasion, he was represented through his engaged counsel. But, on 21.09.2022, he did not appear before the learned Trial Court below nor his conducting counsel had filed any petition on his behalf and for which, the NBWA was issued against him and subsequently the Court also issued P&A against him and thereafter, considering the Report of the Executing Officer, the learned Court below passed an order on 22.04.2024 and the case was filed against the petitioner with an observation that the same may be put up as and when the accused is brought or appear before the learned Trial Court below. Thus, it is seen that after exhausting all efforts, the learned Trial Court below issued the NBWA and P&A and on execution of P&A, the case was filed against the petitioner considering the Report of the Executing Officer. Thus, the orders passed by the learned Trial Court below are seems to be not irregular or illegal. However, considering the submission made by the learned counsel for the petitioner that the petitioner is patient of tuberculosis and also considering the other aspects of the case, I find that one more chance may be given to the present petitioner to appear before the learned Trial Court below. Page No.# 4/4 6. Accordingly, the petitioner is hereby directed to appear before the Court of learned Additional Chief Judicial Magistrate, Sivasagar, within 15 (fifteen) days from the date of this order with an appropriate application for bail and upon filing of such application, the learned Court below shall consider the same in accordance with law. And, till then, the execution of NBWA as well as the P&A, issued against the present petitioner, stands suspended/stayed. 7. With the observation and direction, this criminal petition stands disposed of. JUDGE Comparing Assistant