THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8985 of 2011 ORDER: This Criminal Petition is filed by the petitioner under Section 70(2) read with Section 482 Cr.P.C., to recall the N.B.W issued against him on 13.7.2010, by the First Additional Munsiff Magistrate, Narasaraopet, in C.C.No. 127 of 2008. Heard. The learned counsel for the petitioner submitted that the petitioner was convicted to undergo imprisonment for a period of one year and also imposed a fine of Rs.10,000/- in default to undergo simple imprisonment for six months, for the offences punishable under Sections 138 and 142(b) of the Negotiable Instruments Act, in C.C.No.127 of 2008, by the I Additional Munsif Magistrate, Narasaraopet, Guntur District, and on the date of conviction, the sentence was suspended and the petitioner paid the fine amount. Subsequently, the petitioner preferred an appeal before the District and Sessions Judge, Narasaraopet, in Criminal Appeal No.392 of 2010, to set aside the conviction passed by the trial court in C.C.No.127 of 2008, besides filing an application for interim suspension of the sentence imposed by the trial court, and that the appellate court adjourning the matter without suspending the sentence imposed by the trial court and that in this process, the petitioner could not attend before the trial court and execute the bond as ordered earlier and consequently, the trial court issued the N.B.W for the presence of the petitioner for the purpose of executing the sentence already passed by it and hence he prays to allow the petition. Having regard to the facts and circumstances of the case and especially in view of the fact that the petitioner is willing to appear before the trial court regularly, he is directed to surrender before the trial court and file an application to recall the N.B.W and on such filing of the application, the trial court is directed to consider the same favourably on the same day and the petitioner is hereby directed to execute a bond for Rs.5,000/- (Rupees five thousand only) with two sureties for the like sum each to the satisfaction of the trial court. The petitioner is also directed to appear before the trial court regularly. With the above directions, the Criminal Petition is disposed of. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. _________________ RAJA ELANGO,J Date:27.09.2011. Gk. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8985 of 2011 Date: 27.09.2011. Gk.