HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:608 OF 2011 JUDGMENT: The revision is directed against the docket order dated 22.2.2011 passed in Crl.M.P.No.809 of 2011 in C.C.No.557 of 2009 by the XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad, refusing to recall NBWs issued against the petitioner. The petitioner is the accused in C.C.No.557 of 2009 and faced trial for the offence punishable under Section 138 of the Negotiable Instruments Act. After due contest i.e., after recording the evidence etc., the trial Court came to the conclusion that the petitioner is guilty of the said offence and on 17.8.2010, the matter was actually listed to fix the quantum of sentence. But the petitioner was absent and in those circumstances, the Court below issued NBWs. Coming to know about the pendency of NBWs against him, the petitioner-accused moved an application in Crl.M.P.No.809 of 2011 under Section 70(2) Cr.P.C., to recall the said warrants. But the Court below refused to recall the said warrants. The same is challenged in this revision. Heard the learned Counsel for the petitioner. Once the Court below found the petitioner guilty of the offence under section 138 of the Negotiable Instruments Act, the next step would be the questioning of the petitioner-accused with regard to the sentence to be imposed. As the petitioner-accused was absent the Court below issued NBWs. When NBWs are pending against him, the petitioner should have appeared before the Court below and moved the said application to recall the warrants, but he moved the said application without his appearance and as such, the Court below refused to recall the said warrants. Therefore, the order under revision cannot be said to be illegal. At this stage, the learned Counsel for the petitioner submitted that if sufficient time is given, the petitioner is ready to appear before the Court below and move an application. In the facts and circumstances of the case and in view of the above submission, this Court is of the view that an opportunity may be given to the petitioner so as to enable him to appear before the Court below within a period of one week from the date of receipt of a copy of this Order and file an application under Section 70(2) Cr.P.C. On such appearance and application, the Court below shall recall the said warrants and proceed in accordance with law. Accordingly, the Criminal Revision Case is disposed of. No order as to costs. __________________________ Justice Gopala Krishna Tamada Dated: 21.3.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:608 OF 2011 21.3.2011