IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR CRL.P.NO.4132 OF 2010. Date:12.05.2010. Between:- M.Man Mohan ..Petitioner/Accused And S.Anjaiah and another .. Respondents ORDER:- The petitioner, who is accused in C.C.No.394 of 2008 before Judicial First Class Magistrate (Mobile) at Kamareddy, has approached this Court against the Non Bailable Warrant (for short, “N.B.W.”) issued against him by the said Court for his non appearance. Though the order is dated 03.03.2010, I have entertained the present application in view of the petitioner’s contention that matter was fully settled between him and the complainant and the cheques in question were given only as security and they were blank cheques. The petitioner also claims the payment of entire amount by him to the complainant by receipt dated 05.01.2008 which includes interest upto date as well, but instead of returning the blank cheques kept as security, the present complaint is filed. It is also represented that the petitioner is suffering from ill-health and was unable to appear before the learned Magistrate on the date of hearing, which resulted in N.B.W. being issued. Petitioner now states that he has engaged a counsel and is prepared to appear before the learned Magistrate within one week and requests that the N.B.W. may be recalled. Heard the learned Public Prosecutor. The learned counsel for the petitioner relies upon the decision of this Court in CHITYALA VENKATA REDDY VERSUS STATE OF A.P. REPRESENTED BY THE PUBLIC PROSECUTOR AND OTHERS[1] where in a similar situation, this Court had directed the petitioner to appear before the learned Magistrate on the next date of hearing and execute appropriate bonds, if not already executed. So far as the appearance of the accused during the trial is concerned, the same was left to the discretion of the learned Magistrate. On the facts and circumstances of the case, I deem it appropriate to set aside the said impugned order on condition of the petitioner appearing before the learned Judicial First Class Magistrate, Mobile Court at Kamareddy in C.C.No.394 of 2008 on or before 22.05.2010 and shall execute appropriate bonds, if not already executed by him. The learned Magistrate shall be at liberty to exercise his discretion with respect to appearance of the petitioner during the trial. The petition is disposed of accordingly. ____________________ VILAS V.AFZULPURKAR, J 12th May 2010 AMD [1] CDJ 2008 APHC 463