THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10125 of 2011 ORDER: Petitioners – accused Nos. 1 and 2 approached this Court by invoking the provisions under Section 482 Cr.P.C. seeking to quash the proceedings against them in C.C.No. 819 of 2009 on the file of the Chief Metropolitan Magistrate, Visakhapatnam whereby they are facing trial for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881. Heard. After arguing for some time, the learned counsel for the petitioners submits that the lower Court may be directed to recall the warrant issued against petitioner-accused No.2. Considering the facts and circumstances of the case and as the offence is only under Section 138 of the Negotiable Instruments Act, 1881, the petitioner-accused No.2 is directed to file an application before the lower Court to recall the warrant issued against him. On such filing, the lower Court is directed to recall the warrant issued against petitioner-accused No.2 on the same day. If the petitioner- accused No.2 wants to dispense with his presence, he is directed to file an application before the lower Court under Section 205 Cr.P.C. On such filing, the lower Court is directed to consider the same in accordance with law. The criminal petition is disposed of accordingly. ___________________ JUSTICE RAJA ELANGO Dated :21st October, 2011 lvl THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10125 of 2011 Dt. 21.10.2011