L.Sudeep Kumar v. M/S.Citiwide Financial Services Ltd.,

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3251 of 2015 ORDER:

1. This Criminal Revision Case is filed by the petitioner-accused aggrieved by the order dated 4.12.2015 passed in Crl.M.P.No.2516 of 2015 in C.C.No.1773 of 2010 by the XI Additional Chief Metropolitan Magistrate at Secunderabad.

2. The petitioner is facing trial before the Court below for the offence punishable under Sections 138 r/w 142 of the Negotiable Instruments Act. As he had not appeared before the Court below, NBWs were issued against him. Hence, the petitioner filed the above Crl.M.P. seeking to recall NBWs issued against him. The Court below dismissed the above Crl.M.P. Aggrieved by the same, the petitioner filed this revision.

3. Heard and perused the material available on record.

4. Considering the facts and circumstances of the case, this Court is inclined to pass the following order:

"The petitioner-accused is directed to appear before the Court below and move an application afresh seeking to recall NBWs issued against him. On such application being filed, the Court below is directed to recall the same on the same day without imposing any conditions. The petitioner-accused is directed to appear before the Court below regularly on all hearing dates."

5. Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO Dated: 31st December, 2015 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3251 of 2015 31.12.2015 Nn