Page No.# 1/3 GAHC010149412026 2026:GAU-AS:10125 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1035/2026 SWAFIUDDIN SON OF LATE BACHIR UDDIN, RESIDENT OF VILLAGE AND P.O. SHAGUNBAHI, P.S. MOIRABARI, DISTRICT MORIGAON, ASSAM, PIN- 782126. VERSUS MD ASHADUL ISLAM S/O LATE JAHURUL ISLAM, RESIDENT OF BARPETA, P.O. ROWMARI, P.S. RUPAHIHAT, DISTRICT- NAGAON, ASSAM Advocate for the Petitioner : MR. K H KHANDAKAR, R PARBIN,MR. K M HASSAN,ANIMA SAIKIA Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 23.07.2026 Heard Mr. K.H. Khandakar, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Swafiuddin, has filed this application under Section 528 BNSS, 2023 with prayer to quash the impugned orders dated 07.11.2025 and subsequent orders issuing NBWA against the petitioner in connection with N.I Case No.14/2023 under Section 138 of the N.I Act,1881. 3. It is submitted that this case is fixed for argument and the petitioner is willing to appear before the trial court and cooperate with the trial and participate in the argument. 4. On the earlier date i.e. 10.10.2025, the petitioner was absent with steps but subsequently on 07.11.2025, the petitioner was absent without steps and an NBWA was issued against the petitioner without recording any reasons. 5. I have considered the submission that the petitioner is willing to cooperate with the trial. 6. I have taken a pragmatic view. This case is pending at the fag end of the trial. Without procrastinating the case any further, the petitioner is directed to appear before the learned trial court, cooperate with the trial and submit his arguments. Thereby, the NBWA issued against the petitioner dated 07.11.2025 and subsequent orders is kept in abeyance for 15(fifteen) days and within these 15(fifteen) days, the petitioner is directed to appear before the learned Page No.# 3/3 trial court and cooperate with the trial, without fail. 7. In terms of the above observation, this petition stands disposed of at the motion stage. JUDGE Comparing Assistant