Page No.# 1/3 GAHC010087692026 2026:GAU-AS:6308 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./617/2026 BHUSHAN SARKAR S/O LATE HARICHARAN SARKAR, RESIDENT OF DATALPARA, NATUNBASTI, PS FATASIL AMBARI, GUWAHATI 25, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY PP ASSAM 2:SMTI SUMAN PODDAR W/O SUBARNA PODDAR RESIDENT OF DATALPARA NATUNBASTI PS FATASIL AMBARI GUWAHATI 25 DIST KAMRUP M ASSAM PRESENTLY RESIDING AT NABIN CH. BORA PATH MANPARA PS FATASIL AMBARI GUWAHATI 25 KAMRUP M ASSA Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07.05.2026 Heard learned counsel Mr. M. Ahmed for the petitioner Bhushan Sarkar, who has filed this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for setting aside and quashing the orders dated 06.09.2025, 21.11.2025 and 07.03.2026 passed in C.R. Case No. 3116/2021 pending in the Court of learned Judicial Magistrate First Class, Kamrup (M), Guwahati. 2. It is submitted that the petitioner is booked in a case under the Negotiable Instruments Act, 1881. 3. Heard learned Additional Public Prosecutor Mr. D.P. Goswami for the respondent State. Learned Additional Public Prosecutor has accepted notice on behalf of respondent No. 1. 4. I have considered the submissions at the bar. 5. It is submitted that when the petitioner appeared before the Trial Court on 27.01.2025 in connection with C.R. Case No. 3116/2021, offence was explained and the next date fixed was 11.04.2025. The petitioner took adjournment on 11.04.2025 by submitting a petition. Thereafter, the petitioner was present on the next date fixed i.e. on 16.06.2025. The petitioner failed to appear before the Trial Court on 05.07.2025 and bailable warrant was issued. Finally, on 06.09.2025, NBWA was issued and the petitioner is thus aggrieved by the orders Page No.# 3/3 dated 06.09.2025 and the subsequent orders, issuing NBWA and for report of execution of NBWA. 6. I have considered the submission that the petitioner is willing to appear before the Trial Court and cooperate with the trial. A pragmatic view is taken. The case is not required to procrastinate any further. 7. The petitioner is hereby directed to appear before the learned Trial Court and the NBWA issued against the petitioner in C.R. Case No. 3116/2021 pending in the Court of learned Judicial Magistrate First Class, Kamrup (M), Guwahati is kept in abeyance for 15 (Fifteen) days and within these 15 (Fifteen) days, the petitioner is directed to appear before the learned Trial Court and cooperate with the trial. 8. Petitioner may apply for bail or pray to remain on previous bail, which may be considered by the learned Trial Court in accordance with law. 9. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant