THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1292 of 2009 ORDER: This Criminal Revision Case is directed against the order dated 30- 7-2009 passed in Crl.M.P.No.3188 of 2009 in C.C.No.1301 of 2008 on the file of the Chief Metropolitan Magistrate, Hyderabad. Heard learned counsel appearing for the petitioner. Learned counsel appearing for the petitioner submit that the petitioner could not be present on 30-7-2009 since he was not doing well, and therefore, the order impugned in this this revision is liable to be set aside. C.C.No.1301 of 2008 relates to the offence under Section 138 of the Negotiable Instruments Act. Consequent on the failure of the petitioner to appear before the Court, N.B.W came to be issued for his arrest. Thereafter, the petitioner filed Crl.M.P.No.3188 of 2009 to recall the N.B.W. When the learned Magistrate took up the petition, neither the petitioner nor his counsel appeared and consequently, the petition ended in dismissal. In the circumstances, I do not see any illegality or 2 irregularity in the order passed by the learned Magistrate warranting interference of this Court in exercise of powers under Sections 397 and 401 of Cr.P.C. If the petitioner is so advised, he can make a fresh application to recall N.B.W. The Criminal Revision Case is accordingly dismissed at the admission stage. ____________________________ B.SESHASAYANA REDDY, J 04-08-2009 RAR THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1292 of 2009 DATED : 04-8-2009