IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No. 3456 OF 2010 Date: 19.04.2010 Between: Kandula Koteswara Rao ..... Petitioner/Accused AND The State of Andhra Pradesh Rep. by its Public Prosecutor High Court of A.P., Hyderabad and another ....Respondent/Respondent/Complainant Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No. 3456 OF 2010 ORDER: The petitioner is accused of offence under Section 138 of the Negotiable Instruments Act in C.C.No.14 of 2006 on the file of Judicial Magistrate of the First Class, Kaikalur. It is stated that the matter is now posted for arguments without giving opportunity to the petitioner to lead his evidence. When this petition was filed in this Court on 13.04.2010, non bailable warrant was pending against the petitioner. Now, it is represented that the lower Court had recalled non bailable warrant against the petitioner on 16.04.2010. It is prayer of the petitioner’s counsel that advocate- commissioner may be directed to be appointed by the lower Court so that the commissioner would record evidence of the petitioner at his residence, as he was incapacitated due to ill-health to move from his house as both his legs are affected. This is not a civil matter where advocate-commissioner can be appointed for recording evidence of the party or witness. I do not find any valid reasons to digress established principles of criminal law. In case there is any medical inability for the petitioner to come to the Court by walk, then he may take steps for bringing him to Court by stretcher or by wheel chair, so that he can give evidence in Court. The petitioner’s counsel requests at least 10 to 15 days time for the said exercise. In the circumstances, the lower Court is directed to give one more opportunity to the petitioner to lead his defence evidence before the lower Court within 15 days from today. Subject to above observations, the petition is dismissed. ___________________________ SAMUDRALA GOVINDARAJULU, J 19th April 2010 Ivd