THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1621 of 2010 DATED: 15-09-2010 ORDER:- 1st respondent herein-complainant filed a complaint under Sections 138 and 141 of the Negotiable Instruments Act against the petitioners herein alleging that the cheque that has been issued by them was returned with an endorsement ‘insufficiency of funds’ and the same was taken on file as C.C.No.98 of 1999 by the learned Judicial Magistrate of First Class, Kurnool. 2. It appears, 2nd petitioner, representing the 1st petitioner, was absent and in that context a petition to condone their absence under Section 317 Cr.P.C., was filed. However, the learned Magistrate dismissed the same and issued non-bailable warrants. To recall the said non-bailable warrants, petitioners herein filed Crl.M.P.No.3405 of 2010, however as the 2nd petitioner was absent when the said application was called, the Court below dismissed the said application by an order, dated 16-08-2010. The same is questioned in this revision. 3. In my considered view, the Court below is justified in dismissing the said application. When once an order is passed and non-bailable warrants are pending, it is always open to the accused like the petitioner to appear before the Court and file an application under Section 70 (2) Cr.P.C. to recall the said warrants. In the absence of the same, in my considered view, the Court need not recall the warrants. Of course, it is not as though in every case, where the petition under Section 70 (2) Cr.P.C. is filed, petitioner’s presence is required, but he must show sufficient reason for his absence on the day when the said application under Section 70 (2) Cr.P.C., is filed. Here, there is absolutely, nothing on record to show that his absence on 16-08-2010 is bona fide and it is not wilful. Under those circumstances, I see no error in the said order passed by the Court below on 16-08-2010. 4. Learned counsel for the petitioners states that the 2nd petitioner is willing to appear before the Court below and file an application to recall the said warrants. 5. In those circumstances, 2nd petitioner is hereby directed to appear before the Court below and file an application under Section 70 (2) Cr.P.C., and on such appearance and application being filed, within a period of two weeks from today, the Court below may take a lenient view and recall the said warrants. As it is in between the petitioners and the Court, issuance of notices to the respondents is hereby dispensed with. 6. Accordingly, Criminal Revision Case is disposed of. ________________________________ GOPALA KRISHNA TAMADA, J 15th September 2010 TSY