Page No.# 1/2 GAHC010022052026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./184/2026 MANAB DAS S/O-LATE GOBINDA DAS,VILLAGE- BARBANG GOSAIPARA,P.O- NITYANANDA,P.S-PATACHARKUCHI,DIST- BAJALI, ASSAM. VERSUS SR MANOJ KR CHOUDHURY S/O-LATE HARICHARAN CHOUDHURY,R/O- SAGAR HOUSING COMPLEX, FLATNO.305D, KAMAKHYA NAGAR, ADABARITINIALI, P.S- JALUKBARI, DISTKAMRUPM, ASSAM. PIN-781126.P.S- GHOGRAPAR,DIST- NALBARI, ASSAM.. Advocate for the Petitioner : MR. M ALI, MR. J UDDIN Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 13.02.2026 Heard Mr. M. Ali, learned counsel for the petitioner. This application has been filed under Section 528 of the BNSS, 2023 challenging the order dated 09.05.2025 passed by the learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati in NI Page No.# 2/2 Case No. 7618C /2022. The petitioner is facing trial before the court below. On 09.05.2025, the petitioner was absent in the court and his counsel filed a petition to that effect and prayed for another date for cross-examination of the prosecution witness. The trial court refused the said prayer and directed issue of NBWA against him. I have considered the submissions made by the learned counsel of both sides. The only ground of refusing the prayer of the petitioner by the trial court is that the case was pending for long time for cross-examination of the prosecution witness. According to the court, the case was pending for a long time for the fault of the present petitioner. After hearing the learned counsel for both sides, this court is of the opinion that since the petitioner is interested in contesting the case, he should be given adequate opportunity to that effect. For that reason only, the impugned order dated 09.05.2025 passed by the learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati in NI Case No. 7618C /2022 is set aside. The NBWA issued against the petitioner shall be recalled. The petitioner shall be allowed to remain on previous bail. On the next date fixed, the petitioner shall also pay the interim compensation of 20% of the check amount. With the above, the bail application is disposed of. JUDGE Comparing Assistant