IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6602 OF 2009 Between: T.E. Prakash. ..... PETITIONER. AND M/s. Bharati Tubes & Tin Printers, Room No.609, Taramandal Complex, 6th floor, Saifabad, Hyderabad, Rep. By its Manager Sri Aravind Kedia and another. ..... RESPONDENTS. Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to recall NBWs issued on 03-07-2009 in C.C. No.300 of 2007 on the file of Chief Metropolitan Magistrate, Hyderabad. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. N.V. SUMANTH, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the second Respondent, the Court made the following: HONOURABLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6602 OF 2009 ORDER: Heard Sri N.V. Sumanth, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public prosecutor for the second respondent. No notice is being ordered to the first respondent while disposing of the matter at the stage of admission, as the Order being passed herein does not even remotely touch any rights and interests of the first respondent. The petitioner is the sole accused in C.C. No.300 of 2007 on the file of Chief Metropolitan Magistrate, Hyderabad, facing prosecution for an offence punishable under Section 138 of the Negotiable Instruments Act. He is claiming innocence of the offence and he was absent on the date of hearing on 03-07-2009. The petitioner claims that a petition to dispense with his personal attendance filed under Section 317 of the Code of Criminal Procedure was dismissed and that the Court issued Non Bailable Warrant against him. He further claims that, he also filed an application for recall of the N.B.W. under Section 70(2) of the Code of Criminal Procedure which was posted to 31-07-2009 for filing counter and that on 31-07-2009 though the Complainant's counsel stated orally that he has no objection to recall the N.B.W, without passing any orders on the petition, the matter was again posted to 21-08-2009. The petitioner claims that he resides at a distance of 600 kilometers from Hyderabad and that he is a chronic diabetic and a patient of hyper tension. He filed a copy of the medical certificate issued to him by his doctor stating that he was advised to continue treatment and take rest for 15 days more from 05-07- 2009 in continuation of the earlier period from 27-06-2009. The copy of the petition filed by him for recall of the warrant makes similar allegations and the petitioner seeks the indulgence of the Court to enable him to appear before it without fear of being apprehended or detained. While the orders of the trial Court dismissing an application under Section 317 of Code of Criminal Procedure or keeping the petition for recall of the N.B.W. pending are not without jurisdiction, it has to be borne in mind that rules of procedure are intended to be handmaids of justice and are not intended to visit the parties with savage results for any technical lapses. Even if the petitioner was not diligent in attending before the Court, under the circumstances claimed by him, one more opportunity can be given to him to appear before the trial Court and effectively defend himself in the further proceedings in C.C. No.300 of 2007. As such, without expressing any opinion on the justification or otherwise for the orders of the trial Court, the inherent jurisdiction of this Court can be invoked to subserve the cause of justice. In the result, the petitioner is permitted to appear before the Court of Chief Metropolitan Magistrate, Hyderabad, in C.C. No.300 of 2007 on its file within 15 days from the date of this Order and till then the N.B.W. issued against him shall be kept in abeyance and on such appearance, the said N.B.W. shall be recalled. In case of default of the petitioner in so appearing before the trial Court, the N.B.W. shall be executed. In case of the compliance with the above directions by the petitioner, the trial Court shall permit him to continue to appear in the case and defend himself as earlier. The Criminal petition is ordered accordingly. ____________________ G.BHAVANI PRASAD, J Date: 24-08-2009. Dsh.