M/S A K Mehta And Co v. The State Of Telangana, Rep. By The Principal Secretary,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46285 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of No.2 in making attempts to execute Non-bailable warrant order, dated 11.04.2016 issued by the V Special Magistrate, Miyapur, Ranga Reddy District in C.C.No.296 of 2015, as arbitrary and illegal. 2.

Heard and perused the material available on record. 3.

The offence alleged against the petitioners is punishable under Section 138 of the Negotiable Instruments Act, 1881. 4.

After arguing for some time, learned counsel for the petitioners submitted before this Court that the petitioners are ready to face the trial and they will not flee from the hands of justice and hence, the N.B.Ws pending against the petitioners may be recalled.

5.

Having heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home and having perused the material available on record, this Court is of the view that this Writ Petition can be disposed of with the following directions:

The petitioners are directed to approach the Court concerned and file a petition to recall the warrant issued against them and on such petition being filed, the Court concerned shall recall the warrants on the same day on their execution of a bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety for a

like sum each and further, the petitioners shall appear before the trial Court regularly.

6.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 29.12.2016 YVL

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46285 OF 2016 Date: 29.12.2016 YVL