Page No.# 1/2 GAHC010067082026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./518/2026 SUNTI DAS S/O MITHARAM DAS R/O VILL- TELENGANIA, P.O. THAN BEHARLI, P.S. BEHALI, PIN NO. 784166, DIST. BISWANATH, ASSAM VERSUS JOYRAM GOGOI S/O SRI NAREN GOGOI R/O NO. 1 NIMURI, P.O. SIMALUGURI, P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM, PIN-784165. Advocate for the Petitioner : MR P KATAKI, MS N KASHYAP,MS. A LALA,MRS R BEGUM Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 Heard Mr. P Kataki, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of N. I. Page No.# 2/2 Case No.43/2025 pending in the Court of the learned Judicial Magistrate First Class, North Lakhimpur, Lakhimpur. 3. 25.07.2025, after perusal of the Complaint Petition, the court below issued notices to the petitioner under Section 223 (1) of the BNSS, 2023. 4. Mr. Kataki has relied upon the judgment of the Hon’ble Supreme Court that was delivered in Sanjabij Tari Vs. Kishore S Borcar & Anr. reported in (2025) SCC Online SC 2069. 5. In this case, the Supreme Court has held that since the proceeding under the Negotiable Instruments Act is a special enactment, there is no need for the Magistrate to issue summons to the accused before taking cognizance under Section 223 of the BNSS, 2023. 6. Therefore, the impugned order directing issue of notices to the present petitioner Sunti Das under Section 223 of the BNSS, 2023 is set aside. The subsequent orders to that effect are also set aside. With the aforesaid direction, the Criminal Petition is disposed of accordingly. JUDGE Comparing Assistant