THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.222 OF 2011 ORDER: 1 The petitioner is accused in C.C.No.93 of 2009 on the file of the Court of the Additional Judicial Magistrate of I Class, Narsapur, West Godavari District registered for the offence punishable under section 138 of Negotiable Instruments Act and he filed the present petition to recall the N.B.Ws. issued against him by the learned Magistrate. 2 The facts leading to the filing of the present petition are that the petitioner borrowed an amount of Rs.65,000/- from the second respondent –Bank and in discharge of the said amount, he issued a cheque bearing No.696521 for Rs.75,000/- drawn on Andhra Bank, Narsapuram Branch. When the complainant Bank presented the said cheque for collection, the same was bounced due to the insufficiency of funds in the account of the petitioner. After following the due procedure laid down under the provisions of the Act, the second respondent bank filed the complaint against the petitioner. However, the court below issued N.B.W against the petitioner on the ground that the petitioner failed to appear before the court despite service of notice. Though the petitioner filed a petition to recall the said warrant, however, he was absent before the court and hence the said petition was dismissed. Hence the present petition. 3 The main contention of the learned counsel for the petitioner is that summons were not served on the petitioner and as such he could not appear before the court below. However, I am unable to appreciate the said contention. If the summons are not served it is not known as to how he is aware of the fact that N.B.Ws. are issued and they are pending against him. Hence I see no merits in this petition. However, as the petitioner expressed his willingness to appear before the court below and file an application to recall the said warrants, this court is inclined to give one more opportunity to the petitioner. 4 Accordingly, this petition is disposed of with a direction to the petitioner to appear before the court below and file an application under section 70(2) of Cr.P.C. requesting the court below to recall the said warrants pending against him. On such an application being filed by the petitioner, the court below may consider the same and recall the said warrants. ----------------- Sri T.G.K, J. 19.01.2011 C.C. Today B/oKvsn