Sandaka Venkata Padmavathi v. The State Of A.P. Rep. By Its Public Prosecutor

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.6292 of 2015 ORDER:

This criminal petition is filed against the order dated 12.03.2015 passed in Crl.M.P. No.893 of 2015 in C.C. No.326 of 2014 by III Additional Judicial First Class Magistrate, Rajahmundry.

2. The second respondent filed a private complaint under Section 138(A) and 142 of the Negotiable Instruments Act against the petitioner and the same was numbered as C.C. No.326/2014. Since the petitioner was not attending the Court properly and there was no representation on her behalf, a non-bailable warrant was issued against her by the trial Court.

3. It is submitted that the petitioner filed Crl.M.P. No.893/2015 before the Court below to recall the non-bailable warrant issued against her by explaining the reasons for her non-appearance before the Court on 24.02.2015, but the Court below, having not satisfied with the reasons put forth by the petitioner, by order dated 12.03.2015 dismissed the said petition. Aggrieved of the same, the present criminal petition is filed.

4. Heard both sides.

5. Having regard to the facts and circumstances of the case, I deem it appropriate to direct the petitioner to surrender before the Court below and file an appropriate application to recall the warrant issued against her.

6. In the result, the Criminal Petition is disposed of and the petitioner/accused is directed to surrender before the Court below within a period of two (2) weeks from today and file an appropriate application to recall the warrant, and on filing such application the Court below shall dispose of the same on the same day in accordance with law.

Pending miscellaneous applications, if any, shall stand closed in consequence.

________________ M.S.K.JAISWAL,J Date: 14.07.2015 Mva THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.6292 of 2015

Date: 14.07.2015 MVA