THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3558 of 2011 21st April, 2011 Between :- P.Ratna Kumar .. Petitioner And Vadavathi Sivarama Krishna And another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3558 of 2011 ORDER:- This Criminal Petition has been filed under Section 482 of Cr.P.C., with a prayer to quash the order dated 9-8-2010 passed in Crl.R.P.No.39 of 2010. The petitioner is the accused in C.C.No.1271 of 2009 on the file of the Metropolitan Sessions Judge, Vijayawada. Consequent on his failure to appear before the IV-Additional Chief Metropolitan Magistrate, Vijayawada, N.B.W. came to be issued. The petitioner filed application under Section 70(2) Cr.P.C. for recall of N.B.W. The learned IV-Additional Chief Metropolitan Magistrate on considering the contentions advanced by the petitioner-accused and on perusing the material brought on record, proceeded to allow the application subject to certain terms and conditions, by the order dated 8-6-2010. The order reads as hereunder:- “Accused filed petition under Section 70(2) Cr.P.C. and urged before this Court to recall N.B.W. Notice given to complainant Counsel. Accused did not appear personally at the time of hearing of the petition. Accused is working as Asst.Manager in Andhra Bank at Mumbai. Counsel for complainant contended that this an old matter and accused intentionally did not appear before the Court. As could be seen from the docket order it shows that N.B.W. pending since March, 2010. Having considered the arguments of both Counsel, petition is allowed with a condition to pay an amount of Rs.2,500/- to complainant and produce two sureties of Rs.10,000/- like sum each on or before 18-6-2010. Failing which petition shall stands dismissed.” The petitioner assailed the order by filing Crl.R.P.No.39 of 2010 on the file of the Metropolitan Sessions Judge, Vijayawada. The learned Metropolitan Sessions Judge, on considering the material brought on record and on hearing the Counsel appearing for the parties, came to the conclusion that the petitioner failed to make out any valid ground to interfere with the order passed by the Trial Court in Crl.M.P.No.18390 of 2010 and thereby proceeded to dismiss the revision by order dated 9-8-2010. Hence, this petition under Section 482 of Cr.P.C. with a prayer stated supra. Learned Counsel appearing for the petitioner submits that the conditions imposed on the petitioner are onerous and therefore the said conditions are required to be modified. Learned IV-Additional Chief Metropolitan Magistrate having taken into consideration the past conduct of the petitioner-accused proceeded to recall N.B.W. subject to certain terms and conditions. The conditions imposed by the learned IV-Additional Chief Metropolitan Magistrate have been stated supra. In the given facts and circumstances, the conditions imposed on the petitioner cannot be said to be onerous. Therefore I find that no valid grounds are made out by the petitioner for quashing the order dated 8-6-2010 passed in Crl.M.P.No1839/2010 as confirmed in Crl.R.P.No.39/2010. Accordingly, Criminal Petition is dismissed. _________________________ B.Seshasayana Reddy, J 21st April, 2011 smr