HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7911 of 2010 ORDER: This criminal petition is filed by the petitioner, under Section 482 Cr.P.C., seeking to quash the order dated 06.07.2010 passed by the learned Judicial Magistrate of First Class, Tadipatri, in Crl.M.P.No.462 of 2010 in C.C.No.157 of 2007. Heard both sides. Facts of the case are that the 2nd respondent herein filed a complaint in C.C.No.157 of 2007 on the file of the Judicial Magistrate of First Class, Tadipatri, against the petitioner herein, under Section 138 of the N.I. Act and summons were served on the petitioner on 27.04.2009 and the matter was posted to 12.05.2009 for his appearance. As the petitioner was called absent on 12.05.2009, the learned Magistrate ordered issuance of NBW against him. Subsequently, the petitioner filed a petition under Section 70(2) Cr.P.C. seeking to recall the NBW issued against him and the same was allowed on 04.06.2009 and the matter was posted to 01.07.2009 for examination of the petitioner. Even thereafter, the petitioner did not appear before the trial Court. Hence, the trial Court again issued NBW against him on 07.08.2009. As against the said order, the petitioner filed Crl.M.P.No.462 of 2010 before the trial Court and the same was dismissed on 06.07.2010. The said order is under challenge in the criminal petition. Having gone through the material available on record, this Court is of the view that the petitioner did not give proper and cogent explanation for his absence from 01.07.2009 before the trial Court, as rightly held by the trial Court. In light of the same and also the facts and circumstances of the case, This Court is not inclined to quash the order impugned in the criminal petition. Accordingly, the criminal petition is dismissed. The petitioner is directed to appear before the trial Court on all the hearing dates without fail. _____________ RAJA ELANGO, J 20th August, 2010. CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.7911 of 2010 (Dismissed) 20th August, 2010 CBS