THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1002 of 2009 JUDGMENT: This Criminal Revision Case is directed against the order dated 17.06.2009 passed in Crl.M.P.No.2971 of 2009 in CC No.1789 of 2008 on the file of III Additional Chief Metropolitan Magistrate, Hyderabad. 2. Petitioner is the accused and 2nd respondent is the complainant in C.C.No.1789 of 2008. It is a case filed for the offence under Section 138 of the Negotiable Instruments Act. Consequent on the failure of the petitioner/accused to appear before the trial Court, N.B.W. came to be issued against him. Thereupon, he filed a petition under Section 70(2) Cr.P.C. to recall the N.B.W. issued against him. The learned Magistrate took the petition on file as Crl.M.P.No.2971 of 2009. When the petition came up for consideration, the petitioner did not choose to be present and thereupon the learned Magistrate proceeded to dismiss the same, by order dated 17.06.2009. The said order is assailed in this revision. 3. Heard learned counsel appearing for the revision petitioner/accused and perused the material brought on record. 4. Learned counsel appearing for the revision petitioner/accused submits that the petitioner was unwell and therefore, he could not be present before the trial Court on 17.06.2009. 5. Learned counsel appearing for the revision petitioner/accused refers the medical certificate dated 14.06.2009. It is stated in the medical certificate that the petitioner took treatment for ‘Sciatica’ (back pain) from 26.01.2009 to 04.06.2009. The medical certificate does not indicate that petitioner has been immovabalised subsequent to 04.06.2009. Therefore, there is no justification for the absence of the petitioner on 17.06.2009. Hence, the Order passed by the learned Magistrate in Crl.M.P.No.2971 of 2009 cannot be faulted. 6. Accordingly, this Criminal Revision Case is dismissed at the admission stage. ______________________ B.SESHASAYANA REDDY, J. Date:05th August, 2009. cs