The Gauhati High Court stayed a Non-Bailable Warrant issued against the petitioner for absence in a cheque dishonour matter, directing him to appear by 05.12.2026 to apply for bail, noting partial payment and settlement talks.
Stay of Non-Bailable Warrant; direction to appear for bail application by 05.12.2026.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010188682026
2026:GAU-AS:13795
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1223/2026
MANAB DAS
S/O LATE GOBINDA DAS, VILLAGE BARBANG GOSAIPARA, P.O. NITYANANDA, P.S. PATACHARKUCHI, DISTRICT BAJALI, ASSAM.
VERSUS
SRI MANOJ KR CHOUDHURY
S/O LATE HARICHARAN CHOUDHURY, R/O SAGAR HOUSING COMPLEX, FLAT NO. 305-D, KAMAKHYA NAGAR, ADABARI TINIALI, P.S. JALUKBARI, DISTRICT KAMRUP M, ASSAM, PIN-781125 P.S. GHOGRAPAR, DISTRICT NALBARI, ASSAM.
Advocate for the Petitioner : MR. M ALI, MR. J UDDIN
Advocate for the Respondent : ,
BEFORE
HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER
17-09-2026
Heard Mr. M. Ali, learned counsel for the petitioner.
2. The service of notice on the respondent No.2 is still awaited.
3. It is submitted by Mr. Ali, learned counsel that the present petition is filed only against the order dated 24.07.2026 and on subsequent date, passed in N.I.
Page No.# 2/3
Case No. 7618/2022 by the learned JMFC, Kamrup (M), whereby Non-Bailable Warrant of Arrest (NBWA) was issued against the present petitioner, as he could not appear before the learned Trial Court.
4. It is further submitted by Mr. Ali, learned counsel that pursuant to the order of this Court, the petitioner had already deposited 20% of the Cheque amount, which has been received by the complainant/respondent. In subsequent dates also both the complainant and the present petitioner/accused were appearing before the Court and a talk of compromise is also going on between the parties.
5. On 22.05.2026, the present petitioner was present and the next date was fixed on 24.07.2026 for necessary order as talk of compromise is also going on between the parties. But inadvertently, the petitioner recorded the date as 24.08.2026 in place of 24.07.2026 and thus, he failed to appear before the learned Trial Court on 24.07.2026. As he remained absent without step on 24.07.2026, the learned Trial Court had issued NBWA on 24.07.2026 and on subsequent date. But the petitioner is always ready and willing to appear before the Trial Court and to contest the case and the probability of settlement of the case is also there by the next date of listing i.e., 05.12.2026.
6. Mr. Ali, learned counsel accordingly submitted that NBWA issued against the present petitioner may be suspended giving his a chance to appear before the learned Trial Court.
7. Considering the submission made by the learned counsel for the petitioner, this Court is of the opinion that the petitioner is regularly appearing before the learned Trial Court and 20% of the Cheque amount has already been deposited by the petitioner and the order sheets also reveals that a talk of compromise is also going on between the parties.
8. The NBWA was issued by the learned Trial Court due to absence of the
Page No.# 3/3
petitioner on 24.07.2026 and on subsequent date.
9. So considering all these aspects of the case and the circumstances of the case, the petitioner is hereby directed to appear before the learned Trial Court with a regular application for bail, which may be considered in accordance with law and till his appearance before the learned Trial Court, on or before the next date i.e., 05.12.2026, the NBWA issued against the present petitioner vide order dated 24.07.2026 and on subsequent date is hereby stayed/suspended.
10. With the above observation and direction, this criminal petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the Non-Bailable Warrant of Arrest issued against the petitioner due to absence should be stayed to allow him to appear for bail proceedings.
Manab Das
Sri Manoj Kr Chaudhury
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
