HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:766 OF 2011 JUDGMENT: This revision is directed against the order, dated 21.3.2011 in Crl.M.P.No.405 of 2011 in C.C.No.27 of 2011 on the file of the Judicial Magistrate of First Class, Ichapuram. The petitioner is the accused in the above C.C. On the complaint made by the complainant for the alleged offence punishable under Section 138 of the Negotiable Instruments Act, the Court below issued summons to the petitioner-accused and posted the matter for appearance of the petitioner-accused and the summons were not served either through police or registered post, and the registered cover was returned by the postal authorities with an endorsement “not claimed” and in those circumstances, the Court below issued NBWs. Coming to know about the pendency of NBWs against him, the petitioner-accused moved an application in Crl.M.P.No.405 of 2011 under Section 70(2) Cr.P.C., to recall the said warrants. But the Court below refused to recall the said warrants. The same is challenged in this revision. Heard the learned Counsel for the petitioner. On a perusal of the material on record, it appears that the service of summons could not be effected either by the police or by registered post and in such circumstances the Court below issued NBWs. When NBWs are pending against him, the petitioner should have appeared before the Court below and moved the said application to recall the warrants, but he moved the said application without his appearance and as such, the Court below refused to recall the said warrants. Therefore, the order under revision cannot be said to be illegal. At this stage, the learned Counsel for the petitioner submitted that if sufficient time is given, the petitioner is ready to appear before the Court below and move an application. In the facts and circumstances of the case and in view of the above submission, this Court is of the view that an opportunity may be given to the petitioner so as to enable him to appear before the Court below and move an application under Section 70(2) Cr.P.C. Accordingly, the petitioner-accused is directed to appear before the Court below within a period of four weeks from today and file an application under Section 70(2) Cr.P.C. On such appearance and application, the Court below shall recall the said warrants and proceed further, in accordance with law. Accordingly, the Criminal Revision Case is disposed of at the admission stage. No order as to costs. __________________________ Justice Gopala Krishna Tamada Dated: 29.3.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:766 OF 2011 29.3.2011