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2022 DIGILAW 443 (AP)

D. Ashok v. State of Andhra Pradesh

2022-04-22

CHEEKATI MANAVENDRANATH ROY

body2022
JUDGMENT Cheekati Manavendranath Roy J. - This criminal revision case is preferred by the petitioner aggrieved by the order dated 08.04.2022 passed in Crl.M.P.No.685 of 2022 in C.C.No.518 of 2016 on the file of the learned additional Judicial Magistrate of First Class, Kandukur, whereby the petition filed under Section 70(2) Cr.P.C to recall the NBW issued by him was dismissed. 2. Heard learned counsel for the petitioner and learned additional Public Prosecutor for the 1st respondent/State. Since the order pertains to dismissal of petition filed to recall the NBW, no notice is required to be issued to the 2nd respondent. 3. The petitioner is the sole accused in C.C.No.518 of 2016 on the file of the learned additional Judicial Magistrate of First Class, Kandukur. He is being prosecuted for the offence punishable under Section 138 of the Negotiable Instruments act, 1881. It appears that owing to the absence of the petitioner in the said Court that NBW was issued against him. Thereafter, he has filed petition for recall of the said NBW under Section 70(2) Cr.P.C. The said petition came to be dismissed by the impugned order on the ground that the petitioner did not furnish the sureties. 4. The question of furnishing the sureties arises only when the petitioner is taken into custody and thereafter he was granted bail on furnishing sureties. as it is only a petition filed under Section 70(2) Cr.P.C for recall of NBW, the question of furnishing sureties does not arise to dispose of the said petition. Therefore, the impugned order of the trial Court is erroneous. Further, it is brought to the notice of this Court by the learned counsel for the petitioner that already the petitioner has furnished one surety earlier and he is not yet discharged. 5. Therefore, in the said facts and circumstances of the case, this Criminal Revision Case is allowed. The impugned order is set aside. The trial Court shall consider the said application filed under Section 70(2) Cr.P.C for recall of NBW afresh and dispose of the same on merits after hearing the counsel for the petitioner. 6. Miscellaneous petitions, if any pending, in the Criminal Revision Case, shall stand closed.