Aachanta Narendra Kumar , Narri v. The State Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.819 OF 2016 ORDER:

This Criminal Revision Case is filed by A.1 & A.2 seeking to set aside the judgment in Crl.A.No.339 of 2015 dated 22.2.2016 passed by V Additional Sessions Judge, East Godavari District, Rajahmundry whereby the learned Additional Sessions Judge confirmed the conviction and sentence imposed by II Additional Judicial Magistrate of First Class, Rajahmundry in C.C.No.617 of 2014 dated 12.6.2015 convicting the accused for the offence under Section 138 of Negotiable Instruments Act and sentencing them to undergo S.I. for six months each and to pay a fine of Rs.5,000/- each, in default, to suffer S.I. for one month each.

Heard the learned counsel for the petitioners and learned Additional Public Prosecutor. Perused the material on record. Now, it is represented by the learned counsel for the petitioners that since the petitioners were absent on the date of pronouncement of judgment by the lower appellate Court, NonBailable Warrants were issued against the petitioners and therefore, the learned counsel seeks to recall the warrants issued against the petitioners herein.

In the circumstances of the case, the petitioners are directed to surrender before the Court below and file an application seeking to recall the warrant.

On filing such application, the Court below is directed to recall the Warrant issued against the petitioners on the same day on execution of a bond by the petitioners for a sum of Rs.1,000/- each with one surety for the likesum.

The Criminal Revision Case is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________________ JUSTICE RAJA ELANGO 11.07.2015 Tsr