HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1573 of 2010 Date: September 08, 2010 Between: N. Siva Prasad … Petitioner/Accused And 1. State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another. … Respondents * * * HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1573 of 2010 JUDGMENT: The second respondent herein filed a private complaint against the petitioner alleging the offence punishable under Section 138 of Negotiable Instruments Act. The Court below took cognisance of the offence and thus it was numbered as C.C. No.170 of 2010. Thereafter, the Court below issued summons directing the petitioner to appear on 10.8.2010. The petitioner was absent on 10.8.2010 and as such he filed an application under Section 317 of Cr.P.C. to condone his absence. However, as it was his first appearance, the Court below dismissed the said application filed under Section 317 of Cr.P.C. and issued non-bailable warrant against the petitioner. The said docket order dated 10.8.2010 is questioned in this revision. 2. As this is in between the Court and the petitioner, this Court dispensed with the usual notice to the private respondent. 3. The learned counsel for the petitioner submitted that the petitioner is a cardiac patient. Hence, he could not appear, may be he should have appeared before the Court below at the first instance. The petitioner expressed his willingness to appear before the Court below. 4. The petitioner is directed to appear before the Court below and file an application under Section 70(2) of Cr.P.C. and on his appearance and moving of an application as such, the Court below may recall the warrant and proceed in accordance with law. 5. Accordingly, this criminal revision case is disposed of. _______________________________ GOPALAKRISHNA TAMADA, J Date: September 08, 2010. BSB