A.Sai Siva Jyothi v. M/S Venkateswara Financiers Hyderabad Private Limited,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE NO.1043 of 2016 ORDER :

Heard learned counsel for the petitioner and learned counsel for the 1st respondent.

2. Assailing the order, dated 05.03.2016, passed in Crl.M.P.SR.No.761 of 2016 in C.C.No.352 of 2015, on the file of the XIV Special Magistrate, Erramanzil, Hyderabad, the present revision came to be filed by the petitioner.

3. The respondent-complainant filed a private complaint against the petitioner and others for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

4. Pending the said application, the petitioner filed Crl.P.No.13437 of 2015 under Section 482 of the Code of Criminal Procedure, 1973, to quash the proceedings initiated against the petitioner and others in C.C.No.352 of 2015. By an order, dated 23.02.2016, this Court while rejecting the request of the petitioner and others passed the following order:

"In that view of the matter, as the identity of the petitioners herein is not in dispute, the presence of the petitioners is dispensed with before the trial Court except on the dates when their presence is essentially required by the Court for the purpose of examination under Section 251 Cr.P.C. and also for 313 Cr.P.C. examination. The petitioners herein shall be represented by their counsel before the trial Court on all hearing dates."

5. While things stood thus, on 22.02.2016 the trial Court issued Non-Bailable Warrant against the petitioner due to her absence. Thereafter, the petitioner herein filed a petition under Section 70 (2) of Cr.P.C., for recall of warrants issued against her on 22.02.2016, which was returned on 24.02.2016, stating as to how the same is maintainable in the absence of petitioner before the Court. However, after considering the rival claims, the trial Court rejected the request of the petitioner.

Challenging the same, present revision is filed.

6. The counsel for the petitioner submits that in view of the order of this Court, dated 23.02.2016, dispensing with the presence of the petitioner herein, issuance of Non-bailable warrant may not be correct. Learned counsel for the petitioner further submits that the petitioner is willing to abide for any conditions imposed by this Court.

7. Learned counsel for the 1st respondent opposed the same contending that the order came to be passed on 23.02.2016 and the petitioner did not appear before the trial Court even on earlier occasions and hence, the Court was forced to issue Non-Bailable warrant against the petitioner, which cannot be found fault with.

8. As seen from the record, this Court by an order, dated 23.02.2016, dispensed with the presence of the petitioner except on the dates required i.e., for the purpose of examination under Section 251 Cr.P.C., and under Section 313 Cr.P.C.

9. Having regard to the facts and circumstances of the case and without going into the merits, the present Criminal Revision Case is disposed of, directing the petitioner to appear before the concerned Court on 26.04.2016, in which event, the said Court shall recall the warrant, on such terms as it deems fit and proceed further in accordance with the order passed by this Court on 23.02.2016. Till such time, execution of Nonbailable warrant shall remain stayed. Miscellaneous petitions, if any, pending in this criminal revision case shall stand closed.

_________________________________ JUSTICE C. PRAVEEN KUMAR Date: 18th April, 2016 KL

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

CRIMINAL REVISION CASE No.1043 of 2016 Date: 18th April, 2016 KL