Ranchor Hari Ram Jumani, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.677 of 2017 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the proceedings in CC No.1178 of 2015 on the file of the Chief Metropolitan Magistrate, Vijayawada. Heard and perused the material available on record. The petitioners are accused Nos.3 and 4 in CC No.1178 of 2015 on the file of Chief Metropolitan Magistrate, Vijayawada, for the offence under Section 138 of the Negotiable Instruments Act. After perusing the records, this Court is not inclined to grant the relief sought for by the petitioners. At this stage, learned counsel for the petitioners submitted that the petitioners failed to appear before the Court below as they have no knowledge about the case, and therefore, the Court below issued Non-Bailable Warrants against them and hence, he requested to recall the NBW.

Considering the circumstances of the case and the grievance of the petitioners, this Court is inclined to pass the following order: The petitioners are directed to approach the Court concerned and file an application for recalling the NBWs pending against them and on such application being filed, the Court concerned is directed to recall the NBWs pending against the petitioners on the same day, on petitioners executing personal bond for a sum of Rs.5,000/ - (Rupees five thousand only) each with one surety for the like sum each, and further the petitioner is directed to appear before the trial Court regularly on all hearing dates.

Accordingly, the writ petition is disposed of. No order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed. ______________ RAJA ELANGO, J January 05, 2017.

KTL