Page No.# 1/2 GAHC010004152026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/153/2026 SRI KIRAN BARUAH S/O LATE PIYOLI BARUAH RESIDENT OF OLD AMOLAPATTY NA ALI WARD NO. 11 P.O. SIVASAGAR P.S. SIVASAGAR P.S. SIVASAGAR DIST.SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:MD. INAMUL HAZARIKA S/O LATE ISLAM HAZARIKA P.O. RANG GHAR CHARIALI P.O. DULIAPAR P.S. SIVASAGAR ASSAM PIN-788001 ------------ Advocate for : MR. S J SARMAH Advocate for : appearing for THE STATE OF ASSAM AND ANR BEFORE Page No.# 2/2 HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --19.02.2026 Heard Mr. S. J. Sarmah, the learned counsel for the applicant/petitioner. Also heard Ms. A. Begum, the learned Addl. PP appearing on behalf of State respondent. 2. This is an application u/s 528 BNSS for recalling the order dated 03.11.2025 whereby NBWA was issued by the Court of Addl. CJM, Sivasagar in connection with N.I. Case No. 87/2018. 3. It is submitted by Mr. Sharma that at the time of admission of the appeal also the petitioner paid 20% of the cheque amount i.e. Rs. 2,00,000/- before the Court. But, the appeal was already dismissed with a direction to the petitioner to appear before the learned Trial Court below. But, before his appearance the learned Trial Court below had already issued NBWA against the present petitioner for which he prayed for recalling of the NBWA issued by the learned Addl. CJM, Sivasagar in connection with N.I. Case No. 87/2018 by order dated 03.11.2025. 4. Considering the submission made by learned counsel for the petitioner, the order of issuance of NBWA dated 03.11.2025 passed by learned Addl. CJM, Sivasagar in connection with N.I. Case No. 87/2018 is hereby stayed/suspended till disposal of the connected revision petition. 5. With the above observations, the IA stands disposed of. JUDGE Comparing Assistant