Nadimpalli Venkateswara Raju v. The State Of A.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5656 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner seeking to quash the C.C. No.558 of 2013 on the file of the XXV Special Magistrate, Khairathabad, Hyderabad, for the offences under Sections 138 and 142 of the Negotiable Instruments Act. Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor and perused the material available on record.

After arguing for some time, the learned counsel for petitioner confined his argument only in connection with pendency of N.B.W. against petitioner herein and submitted that petitioner/accused is ready to surrender before the Court concerned and file a petition to recall the N.B.W. pending against him and prayed a direction to the trial Court to recall the warrant. The learned counsel for the petitioner/accused further submitted that the petitioner/accused is ready to appear before the trial Court on each and every hearing.

Considering the facts and circumstances of the case and also in view of the submissions made by the learned counsel for the petitioner, this Court is of the view that an opportunity can be given to the petitioner/accused to appear before the Court concerned to face the trial.

Accordingly, the petitioner/accused is directed to surrender before the Magistrate concerned and file an application to recall the NBW pending against him. On such surrender and filing of the application, the trial Court is directed to recall the warrants, pending against the petitioner/accused, on his executing a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with one surety for a like sum to the satisfaction of the said Magistrate and proceed with the trial. Further, petitioner-accused is directed to report before the trial Court on all hearing days.

With the above observation, the Criminal Petition is disposed of. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed.

_________________ RAJA ELANGO, J.

19-04-2016 skmr