ORDER : 1. This Criminal Petition is filed by the petitioners/accused Nos.1 and 2, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to quash the docket order dated 03.12.2024 in Crl.M.P. No.275 of 2024 and docket order dated 18.03.2025 in Crl.M.P. No.26 of 2025 in S.T.C. N.I. No.1 of 2024 on the file of learned Principal Junior Civil Judge, Mancherial (for short ‘trial Court’) and consequently direct the trial Court to recall the NBWs (Non-Bailable Warrants) issued against the petitioners/accused Nos.1 and 2 on 11.03.2024 without insisting their presence. 2. Heard Ms. V. Swetha, learned counsel for the petitioners/accused Nos.1 and 2, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for the respondent No.1-State. 3. The case of the petitioners/accused Nos.1 and 2 is that the complainant filed complaint under Section 200 Cr.P.C. which was registered as S.T.C. N.I. No.1 of 2024 for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘Act’) wherein summons were ordered to the petitioners/accused Nos.1 and 2 and posted for their appearance on 05.02.2024. On 05.02.2024, as the petitioners/accused Nos.1 and 2 were absent, the matter was adjourned to 11.03.2024. As the petitioners/accused Nos.1 and 2 were not present even on 11.03.2024, the trial Court issued NBWs against them and adjourned the matter to 22.04.2024. On 22.04.2024, the petitioners/accused Nos.1 and 2, through their counsel, filed petition under Section 70(2) of the Cr.P.C., seeking recall of NBWs issued against them and the same was numbered as Crl.M.P. No.275 of 2024. Despite filing the said petition, it was kept pending till 03.12.2024 and during the said period, the trial Court granted as many as fourteen (14) adjournments. Finally, on 03.12.2024, the trial Court dismissed the said petition on the ground that the petitioners/accused Nos.1 and 2 failed to submit medical reports and no representation on their behalf. The petitioners/accused Nos.1 and 2 paid costs on 17.10.2024 and also filed a memo which was acknowledged by the complainant. Despite the same, the trial Court has dismissed the petition seeking recall of the NBWs. 4. It is further stated that subsequently, the matter was adjourned from 10.01.2025 to 21.01.2025. On 21.01.2025, the petitioners/accused Nos.1 and 2 filed another petition under Section 72 of the BNSS seeking recall of NBWs which was numbered as Crl. M.P. No.26 of 2025. Despite the same, the trial Court has dismissed the petition seeking recall of the NBWs. 4. It is further stated that subsequently, the matter was adjourned from 10.01.2025 to 21.01.2025. On 21.01.2025, the petitioners/accused Nos.1 and 2 filed another petition under Section 72 of the BNSS seeking recall of NBWs which was numbered as Crl. M.P. No.26 of 2025. After several adjournments, the above petition was dismissed on the ground that earlier petition which was filed seeking recall of NBWs was dismissed by order dated 03.12.2024. Subsequently, when the matter was posted on 29.04.2025, the trial Court directed the respondent No.1 to execute the NBWs issued against the petitioners/accused Nos.1 and 2 and submit report. The matter is posted for filing of report on 28.05.2025. 5. Learned counsel for the petitioners/accused Nos.1 and 2 submitted that the trial Court has erroneously passed the orders dated 03.12.2024 and 18.03.2025 with a delay of ten (10) months and three and a half (3½) months respectively, without considering the medical reports submitted by the petitioners/accused Nos.1 and 2 in which it was stated that they underwent treatment for Dengupyrexia, Duodenal D1 Erosive Gastritis, Hypertension, High Glade fever and Hyperpyrexia with respiratory tract infection. Hence, the present petition is filed. 6. This Court, by order dated 14.05.2025, has issued notice to respondent No.2 and the learned counsel for the petitioners/ accused Nos.1 and 2 was permitted to take out personal notice to respondent No.2. Learned counsel for the petitioners/accused vide Nos.1 and 2 filed the memo of proof of service U.S.R. No.50763 of 2025. The petitioners/accused Nos.1 and 2 also intimated respondent No.2 through Whatsapp correspondence. There is no appearance on behalf of respondent No.2. 7. Learned counsel for the petitioners/accused Nos.1 and 2 vehemently contended that against the order of issue of NBWs, the petitioners/accused Nos.1 and 2 filed petition under Section 70(2) of the Cr.P.C. for recalling the same and the trial Court, having kept the same pending for sufficient period of time, dismissed the same on 03.12.2024. Further, again on 18.03.2025, the trial Court dismissed the petition filed under Section 72 of the BNSS on 21.01.2025 on the ground of dismissal of the earlier petition. 8. Further, again on 18.03.2025, the trial Court dismissed the petition filed under Section 72 of the BNSS on 21.01.2025 on the ground of dismissal of the earlier petition. 8. Learned counsel for the petitioners/accused Nos.1 and 2 submitted that the trial Court ought to have recalled the NBWs by giving opportunity to the petitioners/accused Nos.1 and 2 to contest the case as they were not present on the said date of hearing i.e. on 03.12.2024. The trial Court has dismissed the petition though there is no necessity for the petitioners/accused Nos.1 and 2 to be present on the said date of hearing. 9. Learned counsel placed reliance on the order of this Court in Crl.P.No.12120 of 2023 dated 20.12.2023 wherein the learned Judge, relying upon the decision of Madurai Bench of Madras High Court in R. Sundar v. The Sub Inspector of Police, Lalgudi Police Station, Crl. R.C. (MD) No. 1105 of 2023 and Crl. M.P. (MD) No. 14125 of 2023 dated 26.10.2023 wherein it was held that the presence of accused need not be insisted upon during the proceedings for recall of NBWs. Following the same, the learned Judge has allowed the above Crl.P.No.12120 of 2023 and recalled the NBWs issued against the petitioner therein. It appears that the said order squarely applies to the facts of this case. 10. Having considered the contentions of the learned counsel for the petitioners/accused Nos.1 and 2 and material on record, this Court is of the opinion that the trial Court ought to have recalled the NBWs issued against the petitioners/accused Nos.1 and 2 without insisting their presence and by considering their medical reports. 11. In view of the above, this criminal petition is allowed setting aside the docket order dated 03.12.2024 in Crl.M.P. No.275 of 2024 and docket order dated 18.03.2025 in Crl.M.P. No.26 of 2025 in S.T.C. N.I. No.1 of 2024 passed by the trial Court and consequently, NBWs issued against the petitioners/accused Nos.1 and 2 on 05.02.204 and 11.03.2024 are recalled. Further, the petitioners/accused Nos.1 and 2 shall appear before the trial Court as and when required and the trial Court is at liberty to proceed with the matter in accordance with law. As a sequel, miscellaneous petitions pending, if any, shall stand closed.