THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1667 of 2010 ORDER: This revision is directed against the order dated 22.07.2010 passed in Crl.M.P.No.2205 of 2010 in C.C.No.239 of 2010 by the Judicial Magistrate of First Class, Bhadrachalam, whereby the learned Magistrate dismissed the petition filed by the petitioner under Section 317 of Cr.P.C. and issued non-bailable warrant against him. 2. The facts, in brief, are that the 2nd respondent filed a complaint under Section 200 of Cr.P.C. against the petitioner for the offence punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881, alleging that on 14.12.2008 the petitioner borrowed an amount of Rs.3,00,000/- from him to meet his family expenses and executed a promissory note; that on repeated demands the petitioner issued a cheque bearing No.420908 dated 18.12.2009 for Rs.3,00,000/- drawn on State Bank of Hyderabad, Bhadrachalam branch, towards discharge of the said debt; that he presented the said cheque for encashment on 29.12.2009; and that the said cheque was returned unpaid on 29.12.2009 with an endorsement “Account closed”. 3. Heard. 4. When a person is arrayed as an accused in a case, he shall appear before the Court and, if for any reason he is absent, it is always open for him to file an application under Section 317 of Cr.P.C. Here, in the instant case, though the petitioner filed an application under Section 317 of Cr.P.C., for obvious reasons the learned Magistrate dismissed the said application and issued non- bailable warrant against the petitioner. When once, a non-bailable warrant is pending against the petitioner, in my considered view, it is always open for him to file an application under Section 70(2) of Cr.P.C. requesting the Court to recall the said warrant. As it is stated that the matter is posted to 28.09.2010 before the trial Court, the petitioner is directed to appear before the trial Court either on 28.09.2010 or any date prior to 28.09.2010 and file an application seeking to recall the non-bailable warrant issued against him and the trial Court shall pass necessary orders thereon in accordance with law. 5. Accordingly, the Civil Revision Case is disposed of. ________________________________ GOPALA KRISHNA TAMADA, J 21st September, 2010 cvrk Note: Issue copy by tomorrow. B/o CVRK