O R D E R

03.07.2024 Heard Mr. AM Bora, learned Senior counsel assisted by Mr. BP Borah, learned counsel for the petitioner. Also heard Mr. Gogoi, learned Additional Public Prosecutor, Assam.

This is an application filed under Section 483 of the BNSS, 2023 praying for granting regular bail to the petitioner, Munindra Kumar Dev Sharma, who was arrested on 27.06.2024 in connection with CR case No. 3327/2023 registered under Section

138 of NI Act in execution of a NBWA, issued by the learned trial court.

The petitioner is an accused in CR case No. 3327/2023 under Section 138 of NI Act. During the course of trial, the petitioner defaulted in appearing before the learned trial court on 19.06.2024. The petitioner has given an explanation that the petitioner has regularly been participating in the trial and he had defaulted in appearing in the case on 19.06.2024, for the reason that he could not come to the court due to unprecedented flood in the city of Guwahati and accordingly he intimated his lawyer but in such situation his lawyer also could not take steps for his absence and accordingly, NBWA was issued.

Mr. Bora, learned Senior counsel contends that in the backdrop of the nature of the