THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1750 of 2010 DATED: 04-10-2010 ORDER: Petitioner herein is facing trial in C.C.No.288 of 2007 on the file o the learned Additional Judicial Magistrate of First Class, Tenali, Guntur District for the offence punishable under Section 138 of the Negotiable Instruments Act. Though the Court issued summons, directing the petitioner to appear before the Court, she did not appear and as such, the Court below issued non -bailable warrant against her. Coming to know of the issuance of non-bailable warrant, she filed Crl.M.P.No.2451 of 2010 under Section 70 (2) Cr.P.C., to recall the non-bailable warrant and the Court below vide order, dated 09-09-2010, refused to recall the said warrant. Hence, the present revision. 2. Heard both sides. Perused the record. 3. Apparently, the conduct of the petitioner is blameworthy. When once she received the notices, either she should appear before the Court on the date of adjournment or file appropriate application to condone her absence. As she did not appear before the Court below or filed any application to condone her absence, the Court below is justified in issuing non-bailable warrant against her. Even on the date when she filed the application under Section 70 (2) Cr.P.C., she did not appear before the Court below. 4. Under those circumstances, in my considered view, the Court below is justified in refusing to recall the said warrant issued against the petitioner. However, as the learned counsel for the petitioner stated that the petitioner is willing to appear before the Court below, petitioner is directed to appear before the Court below and file an application to recall the said non-bailable warrant, within a period of four weeks from today, and on such appearance and filing of the application under Section 70(2) Cr.P.C., the Court below may recall the said warrant and proceed in accordance with law. Further, it is made clear that the petitioner shall invariably appear before the Court below to face the trial and if it becomes inevitable, then she may file proper application under the provisions of the Code of Criminal Procedure. 5. Accordingly, Criminal Revision Case is disposed of. _______________________________ GOPALA KRISHNA TAMADA,J 04th October, 2010. Tsy