HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4916 OF 2010 DATE:11.06.2010 Between: M/s. Mayuca Labs Pvt. Limited, rep. by its Chairman and M.D., New Delhi …….Petitioner And: The State of AP., rep. by its PP and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4916 OF 2010 ORDER: Non-bailable warrant is stated to be pending against the petitioner in C.C.No.387 of 2009 on the file of XVIII Additional Chief Metropolitan Magistrate, Hyderabad relating to offence punishable under Section 138 of the Negotiable Instruments Act. It is contended that the petitioner could not attend the court because of transfer of the case from one court to another. It is also stated by the petitioner’s counsel that the 2nd respondent’s counsel is refusing to take notice of the petition to be presented before the lower court under Section 70(2) Cr.P.C. for recalling of warrant. Recalling of warrant is a matter between the lower court and the accused, and the complainant has nothing to do with the same. It is purely within the discretion of the court which issued the warrant, either to recall or not to recall the warrant. It is stated that the petitioner had come from New Delhi and had to return as the petition to recall warrant could not be presented. In the circumstances, the petitioner is directed to surrender before the Lower court on or before 25.06.2010, in which event he shall be released on bail on furnishing personal bond for Rs.10,000/- (Rupees ten thousand only) together with two sureties for the like sum each to the satisfaction of the lower court and also on payment of Rs.5,000/- (Rupees five thousand only) in the lower court. After such deposit is made, the lower court is directed to remit the said amount of Rs.5,000/- to the Government account under Section 446 Cr.P.C. The petition is ordered accordingly. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:11.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4916 OF 2010 Date:11.06.2010 Gk.