THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1690 of 2010 DATED: 22-09-2010 ORDER: This Criminal Revision Case is filed by the petitioner questioning the order, dated 09-09-2010, in Crl.M.P.No.4841 of 2010 in C.C.No.494 of 2009 on the file of the learned XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Hyderabad. 2. Petitioner is facing trial in C.C.No.494 of 2009 for the offence punishable under Section 138 of the Negotiable Instruments Act. As he was absent on 22-07-2010 due to ill-health, he filed an application under Section 317 Cr.P.C. to condone his absence, however, the Court below while dismissing the said application issued non-bailable warrants against him. Coming to know that non-bailable warrants are pending against him, petitioner filed an application under Section 70 (2) Cr.P.C. to recall the said warrants and he also produced medical certificate on 28-08-2010 to establish the fact that he was advised to take bed rest. However, as the petitioner was absent on 09-09-2010, i.e. on the day when the said application, to recall the non- bailable warrants, was taken up, the Court below refused to recall the said warrants. The same is questioned in this revision. 3. Heard both sides. Perused the record. 4. Having regard to the fact that the petitioner expressed his willingness to appear before the Court and file an application to recall the warrants, usual notice to the private respondent is dispensed with and this revision is disposed of at the stage of admission with a direction to the petitioner to appear before the Court below within a period of two weeks from today and file an application under Section 70 (2) Cr.P.C. On such appearance and application to recall the said warrants, the Court below may consider the same and recall the non-bailable warrants issued against the petitioner. _______________________________ GOPALA KRISHNA TAMADA,J 22nd September, 2010. Tsy