Mandava Venkat Ranga Rao v. The State Of A.P

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12894 of 2016 ORDER :

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the order dated 28.07.2016, passed in Crl.M.P.No.2917 of 2016 in C.C.No.68 of 2012 on the file of Additional Judicial First Class Magistrate, Parvathipuram.

Heard learned counsel for petitioners and perused the material on record.

A perusal of the record shows that 2nd respondent herein filed a private complaint before the Additional Judicial First Class Magistrate, Parvatipuram against the petitioner herein for the offences under Sections 138 and 142 of N.I.Act and as the petitioner the was absent on 05.12.2014, the learned Magistrate issued N.B.Ws. against him. Seeking to recall N.B.Ws., petitioner filed the afore-mentioned Crl.M.P.No.2917 of 2016 and the same was dismissed by the learned Magistrate. Advocate for petitioner submitted that the petitioner is a builder working at Hyderabad and recently his brother expired and therefore his absence on earlier adjournments is neither wilful nor wanton.

In the facts and circumstances of the case and in view of the submissions made by the learned counsel for petitioner, this criminal petition is disposed of subject to the following directions : The petitioner is directed to approach the trial Court and file a petition under Section 70(2) of Cr.P.C. to recall the warrant issued against him and on such petition filed, the trial Court shall allow the same subject to condition that petitioner shall execute a bond for Rs.

Thousand only) with two sureties for a like sum each to the satisfaction of the trial Court. Further, the petitioner shall also deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of C.C.No.68 of 2012. The Criminal petition is disposed of accordingly. Pending miscellaneous applications, if any, shall stand closed. __________________ M.S.K.JAISWAL, J 12th September 2016 mar