Vedurupakavinaya Kumar v. Vallabhaneni Poorna Prasad

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1538 OF 2016 ORDER:

This Criminal Revision Case is preferred challenging the order, dated 14.6.2016, in C.C.No.241 of 2016 on the file of the I Special Magistrate, Hyderabad at Yerramanzil.

2. The allegations levelled against the petitioner are punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881.

3. Vide impugned order, the trial Court dismissed the application filed by the petitioner under Section 317 Cr.P.C. and issued N.B.W. against him. Challenging the same, the present Revision is filed.

4. Learned counsel for the petitioner submitted before this Court that the petitioner is ready to face the trial and he will not flee from the hands of justice.

5. Having heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, and having perused the material available on record, this Court is of the view that the revision can be disposed of with the following directions :

The petitioner/accused is directed to appear before the Court concerned and file a petition to recall the warrant issued against him and on such filing of a petition, the trial Court is directed to recall the warrant on the same day on his execution of bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the like sum. Further, the presence of the petitioner before the trial Court is dispensed with except on the dates on which the learned Magistrate insists for his appearance.

The petitioner shall be properly represented through his counsel before the trial Court.

6. Accordingly, the Criminal Revision Case is disposed of.

7. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 17.6.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1538 OF 2016 Date: 17.6.2016 AMD