THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1766 of 2010 ORDER: 1 The petitioner herein is facing trial in C.C.No.490 of 2009 on the file of the Court of the Judicial Magistrate of I Class (Excise) Ongole for the offence punishable under section 138 of Negotiable Instruments Act. As he was absent in the court below at the time when the matter was called, N.B.Ws were issued for his arrest on 07.09.2010. Thereafter the petitioner filed Crl.M.P.No.3322 of 2010 for recalling the said warrants issued against him on 07.09.2010, but the said application was dismissed on 23.09.2010. Questioning the same, the petitioner approached this court and filed the present revision seeking a direction to the court below to recall the said warrants. 2 According to the learned counsel for the petitioner, as the counsel representing the petitioner in the court below was held up in some other court when the matter was called, the petitioner went outside the court below to bring his advocate. But, the court below called the matter and as the petitioner was absent at that time, it issued N.B.Ws. He further submitted that the petitioner is prepared to appear before the court below. 3 In that view of the matter, this petition 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. and on appearance and filing of such an application, the court below is hereby directed to recall the said warrants pending against the petitioner and proceed with the trial of the case in accordance with law. --------------- 04.10.2010 Kvsn