Page No.# 1/4 GAHC010064462025 2025:GAU-AS:3840 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./387/2025 SHYAMAL DEBNATH S/O NIMAI DEBNATH R/O KHALIHAMARI P.S. SAMAGURI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMTI PRANTI SARKAR W/O SRI DHIRENDRA CHANDRA SARKAR R/O MORIBARUAHGAON P.O. AND P.S. MORIGAON DIST.MORIGAON ASSAM PIN-78210 Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 01.04.2025 Heard Mr. R Konwar, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The respondent No. 2, Smti. Pranti Sarkar, filed a complaint case under Section 138 of the Negotiable Instruments Act against the petitioner being C.R. Case No. 19/2019 before the learned Chief Judicial Magistrate at Morigaon and its adjudication is presently pending before the learned Additional Chief Judicial Magistrate, Morigaon. 3. On receipt of summons in said C.R. Case No. 19/2019, the petitioner appeared before the learned Addl. CJM, Morigaon and on 25.05.2022, he was granted bail in said C.R. Case No. 19/2019. 4. As the petitioner failed to appear in said C.R. Case No. 19/2019 on 06.02.2024, the learned Addl. CJM, Morigaon issued Non-Bailable Warrant of Arrest (NBWA) against him for his appearance in the said C.R. Case. 5. Petitioner stated that as in the meanwhile he was arrested in Azara Police Station Case No. 241/2024 under Sections 316(3)/303(2)/61(2) of the BNS, 2023, he could not appear before the learned Addl. CJM, Morigaon in said C.R. Case No. 19/2019 on the dates fixed. 6. Hence, this application by the petitioner under Section 528 of the BNSS, to quash the said order of NBWA dated 06.02.2024 issued against him by the learned Additional CJM, Morigaon in C.R. Case No. 19/2019 and to allow him to go on bail on his appearance in the said case. 7. From the order-sheets of said C.R. Case No. 19/2019 annexed to this petition by the petitioner, it is seen that prior to issuance of the NBWA by the concerned Magistrate in said C.R. Case, on two occasions, i.e., on 02.11.2023 and 26.12.2023, the said Magistrate issued cost of Rs. 1,000/- each as the petitioner remained absent in said C.R. Case No. 19/2019 without any steps. As such, the learned Magistrate concerned on the next date of the case, i.e., on Page No.# 3/4 06.02.2024 finding the petitioner absent without any steps, issued the order of NBWA against him for his appearance, which is pending for adjudication since 25.03.2019, i.e., the date on which the learned Addl. CJM, Morigaon took cognizance of the offence under Section 138 of the NI Act against the petitioner in said C.R. Case No. 19/2019 preferred by the respondent No. 2. 8. Mr. Konwar, learned counsel submitted that the said order of NBWA issued against the petitioner is in force till date and that 04.04.2025 is the next date of said C.R. Case No. 19/2019 before the learned Addl. CJM, Morigaon. 9. It is also submitted on behalf of the petitioner that he shall appear before the learned Additional CJM, Morigaon in said C.R. Case No. 19/2019. 10. Considering the entire aspect of the matter and on hearing the parties and in exercise of the power conferred under Section 528, BNSS, this criminal petition is disposed of, directing the petitioner, Sri Shyamal Debnath, son of Nimai Debnath, resident of Khalihamari, P.S.-Samaguri, District-Nagaon, to appear before the learned Additional Chief Judicial Magistrate, Morigaon on 04.04.2025 in C.R. Case No. 19/2019 and to file appropriate application before the said Magistrate on 04.04.2025 itself praying for withdrawal of the NBWA issued against him on 06.02.2024 and on subsequent dates for his appearance in said C.R. Case No. 19/2019. 11. 11. In the event of appearance and filing of such application by the petitioner for withdrawal of the NBWA issued against him, the said Magistrate shall consider and dispose of such application on the terms and conditions it may seem fit and proper securing the presence of the petitioner in said C.R. Case No. 19/2019 on the dates fixed till completion of the adjudication of the said C.R. Case. 12. Till then, i.e., 04.04.2025, subject to appearance of the petitioner in said C.R. Case No. 19/2019 before the learned Additional Chief Judicial Magistrate, Morigaon, as directed above, the order of NBWA issued against him in said C.R. Case No. 19/2019 on 06.02.2024 and on subsequent dates shall not be given effect. 13. However, it is made clear that in the event of failure on the part of the petitioner, Sri Shyamal Debnath, to appear before the learned Additional Chief Judicial Magistrate, Morigaon on 04.04.2025 and on his failure to file such appropriate application for withdrawal of the NBWA issued against him in said C.R. Case No. 19/2019, the order of NBWA issued against the petitioner on 06.02.2024 and on subsequent dates in said C.R. Case No. 19/2019 shall remain Page No.# 4/4 valid. 14. As this order has been passed in presence of the counsel for the petitioner, further time beyond 04.04.2025 shall not be extended to the petitioner for his appearance in said C.R. Case No. 19/2019 before the learned Additional Chief Judicial Magistrate, Morigaon. 15. With the above observations and directions, this criminal petition, stands disposed of. JUDGE Comparing Assistant