Syed Shami v. The State Of Ap.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2418 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner-accused seeking to quash the proceedings in CC No.251 of 2015 on the file of Judicial Magistrate of First Class, Special Mobile Court, Kurnool for the offence punishable under Section 138 of the Negotiable Instruments Act. Heard and perused the material available on record. The learned counsel for the petitioner submitted before this Court that due to ill-health, the petitioner could not attend the Court on 01.10.2015 and that now he is ready to appear before the Court and hence, requested to recall the warrant pending against him.

Having heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and having perused the material available on record, this Court is of the view that the criminal petition can be disposed of with the following directions: The petitioner-accused is directed to appear before the Court concerned and file a petition to recall the warrant issued against him and on such filing of a petition, the trial Court is directed to recall the warrant on the same day on his execution of bond for a sum of Rs.1,000/- (Rupees one thousand only) with one surety for a like sum and further the petitioner is directed to appear before the trial Court regularly.

With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending if any, shall stand closed.

______________ RAJA ELANGO, J February 25, 2016.

KTL