THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1495 of 2010 8th November, 2010 Between :- B.Sudhakar .. Petitioner And The State of A.P. Rep. By its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1495 of 2010 ORDER:- This revision is directed as against the order dated 11-1-2010 passed in Crl.M.P.No.9 of 2010 in Criminal Appeal No.2 of 2010 on the file of the II-Additional Metropolitan Sessions Judge, Hyderabad, whereby and whereunder, the learned Additional Metropolitan Sessions Judge dismissed the application filed under Section 389(1) Cr.P.C. reserving liberty to the petitioner to renew his request after his surrender before the Trial Court. On 23-8-2010 the petitioner has been directed to take out notice to the 2nd respondent and filed proof of service. As on this day, proof of service has not been filed in respect of the 2nd respondent. When the revision is taken up for consideration, there is no representation on behalf of the petitioner. I have gone through the order impugned in the revision. The petitioner moved Crl.M.P.No.9 of 2010 under Section 389(1) Cr.P.C. before the lower Appellate Court and the Appellate Court proceeded to dismiss the application with a specific observation to renew his request after his surrender before the Trial Court. As on the day of his moving application seeking suspension, he did not surrender himself before the Trial Court after pronouncement of the Judgment convicting him for the offence under Section 138 of the Negotiable Instruments Act. In the given facts and circumstances, I do not see any illegality or irregularity warranting interference of this Court in the order impugned in the revision in exercise of powers under Sections 397 and 401 Cr.P.C., since the petitioner has been given liberty by the Appellate Court to renew his request to surrender himself before the trial Court, the petitioner may avail the said liberty. Accordingly, the Criminal Revision Case is dismissed at the admission stage. ________________________ B.Seshasayana Reddy, J 8th November, 2010 smr