THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1579 of 2009 Date:22nd September, 2009 Between: Duggisetty Satyanarayana …Petitioner and 1. The State of A.P. rep. by its Public Prosecutor, High Court of A.P., Hyderabad. & Ors. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1579 of 2009 JUDGMENT: This Criminal Revision Case is directed against the order dated 20.08.2009 passed in E.P.No.27 of 2009 in FCOP No.189 of 2008 on the file of the Family Court, Nellore, SPSR Nellore District. 2. The petitioner herein is the judgment debtor in EP No.27 of 2009 in FCOP No.189 of 2008 on the file of the Family Court, Nellore, SPSR Nellore District. The respondents 2 to 4 are the decree holders. They filed E.P. for recovery of the arrears of maintenance granted to them in FCOP No.189 of 2008. The petitioner herein, who is the judgment debtor, appeared before the Family Court and requested time for payment of the amount. Indeed, on 23.06.2009 he paid Rs.20,000/- and filed memo seeking extension of time for payment of the balance amount. The learned Judge of the Family Court granted time for payment of the balance amount and posted the E.P. to 24.07.2009 on which date the petitioner paid Rs.5,000/- and sought time for payment of the balance amount and the learned Judge of the Family Court granted time till 20.08.2009. The petitioner herein failed to appear before the Court on 20.08.2009 and consequently, the learned Judge of the Family Court issued NBW against the petitioner. The said order is assailed in this revision. 3. Heard learned counsel appearing for the petitioner and perused the material placed on record. 4. Learned counsel appearing for the petitioner submits that the petitioner seeking some breathing time to pay the arrears of maintenance amount. 5. If such is the case, the petitioner is at liberty to surrender himself before the learned Judge of the Family Court and move an application seeking some time for payment of the balance amount. NBW came to be issued against the petitioner consequent on his failure to appear before the Court. I do not see any illegality or irregularity in the order passed by the Judge of the Family Court in issuing NBW against the petitioner. However, the learned Judge of the Family Court before committing the petitioner to civil prison, may permit the petitioner to offer sufficient cause, if any, for non-compliance of the order as provided under Section 125(3) Cr.P.C. 6. Accordingly, the Criminal Revision Case is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:22nd September, 2009. Note: Issue C.C. within three days. B/O Cs