HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6671 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to recall the NBW issued against him by the XIX Addl. Chief Metropolitan Magistrate, Hyderabad, by extending the time of his appearance before the Court, from 1.7.2011 to any date, in Crl.M.P.No.2996 of 2011 in C.C.No.414 of 2008, vide order dated 29.06.2011. Briefly, the facts of the case are that the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act in C.C.No.414 of 2008 on the file of the XIX Addl. Chief Metropolitan Magistrate, Hyderabad, vide judgment dated 31.3.2004. As he could not appear before the trial Court on that day, the learned Magistrate posted the matter for his appearance on 6.4.2011, on which date, the petitioner moved an application before the trial Court to condone his absence, but the same was dismissed and NBW were issued against him. Subsequently, he filed Crl.M.P.No.2996 of 2011 seeking to recall NBW pending against him without appearance before the Court and the said petition was allowed on 29.6.2011 recalling the NBW pending against him subject to his appearance before the Court on 1.7.2011. Aggrieved over the same, the petitioner filed the present petition. Learned counsel for the petitioner submitted that on the date of pronouncement of judgment, the petitioner could not be present before the trial Court as he was suffering with viral fever. He further submitted that the absence of the petitioner was neither willful nor wanton and the petitioner is ready to appear before the trial Court on the next date of hearing. Since the petitioner himself volunteered to appear before the trial Court on the next date of hearing, this Court hereby directs the learned Magistrate to recall the NBW issued against the petitioner on the next date of hearing and, after recalling the NBW, the learned Magistrate is at liberty to proceed with the case, in accordance with law. In the result, the Criminal Petition is allowed. Miscellaneous petitions, if any, filed along with the Criminal Petition shall stand closed. _____________ RAJA ELANGO, J 5th August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6671 of 2011 (Disposed of) 5th August, 2011 cbs