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Judgment
This Criminal Petition is filed by the petitioner, aggrieved by the order dated 31.07.2026 passed by the Junior Civil Judge-cum-Judicial First Class Magistrate at Pargi, Vikarabad District, in Crl.M.P.No.508 of 2026 in S.T.C.Nl.No.18 of 2023, whereby the application filed by the petitioner seeking recall of the NBW issued against him was dismissed.
Heard Mr.D.Ramesh, learned counsel representing Mr.M.Parma Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.
Notice in respect of respondent No.2 is dispensed with on the ground that the petitioner is not seeking any relief, much less any effective relief, against respondent No.2, and is only seeking recall of the NBW.
Learned counsel for the petitioner submits that the petitioner is an accused in S.T.C.NI.No.18 of 2023 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. On 12.03.2026, the petitioner could not appear before the learned trial Court on the ground that he was required to appear in another case, i.e., S.T.C.NI. No.7 of 2025, on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Kodangal. Due to his non-appearance, the learned trial Court issued an NBW against the petitioner. Immediately thereafter, the petitioner filed an application, vide Crl.M.P.No.508 of 2026, seeking recall of the NBW on 31.07.2026. However, the learned trial Court, without properly considering the reasons assigned in the application, dismissed the said application on the very same day and appointed an Advocate to execute the NBW. He further submitted that the petitioner is willing to appear before the learned trial Court and diligently prosecute the proceedings. Unless the NBW issued against the petitioner is recalled, the petitioner would be put to great hardship. He further submitted that the petitioner is willing to appear before the trial Court and diligently prosecute the proceedings. Unless the NBW issued against the petitioner is recalled, the petitioner would be put to great hardship.
Having considered the submissions made by the learned counsel for the petitioner and after perusal of the material available on record, it reveals that the petitioner is accused in S.T.C.NI.No.18 of 2023 for the offence punishable under Section 138 of the NI Act. The learned trial Court issued NBWs against the petitioner due to his non- representation. Thereafter, the petitioner filed an application vide Crl.M.P.No.508 of 2026 seeking recall of the NBW. The learned trial Court dismissed the application on 31.07.2026, wherein it was stated that since the accused is in the habit of absconding from the Court proceedings, despite the conditional orders. The record further reveals that, the learned trial Court, vide docket order dated 31.07.2026, appointed the Advocate Commissioner for execution of the NBWs. The learned counsel for the petitioner, during the course of arguments, submits that the petitioner is ready to appear before the learned trial Court and that he could not appear before the learned trial Court at the time of issuance of the NBW as he was appearing in S.T.C. NI.No.7 of 2025 before the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Kodangal on 12.03.2026. In support of the same, the learned counsel has filed a memo vide USR No.98005 of 2026 in Crl.P.No.12724 of 2026, enclosing a copy of the order dated 31.07.2026 passed in Crl.M.P.No.508 of 2026 in S.T.C.Nl.No.18 of 2023, along with the e-Court proceedings in S.T.C. Nl. No.7 of 2025.
Taking into consideration the peculiar facts and circumstances of the case, the impugned order dated 31.07.2026 passed by the Junior Civil Judge-cum-Judicial First Class Magistrate at Pargi, Vikarabad District, in Crl.M.P.No.508 of 2026 in S.T.C.Nl.No.18 of 2023, in dismissing the application filed by the petitioner seeking recall of the NBW, is hereby set aside. Consequently, the NBW issued against the petitioner is recalled, subject to the following conditions:
The petitioner shall execute a personal bond for a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with two sureties for the like sum to the satisfaction of the Junior Civil Judge-cum-Judicial First Class Magistrate at Pargi, Vikarabad District.
The Petitioner shall file a sworn affidavit before the learned trial Court stating that he will represent through his counsel on each and every date of hearing. If the presence of the petitioner is required, he will appear before the trial Court.
It is needless to mention that if the petitioner fails to comply with any one of the above conditions, the learned trial Court shall be entitled to proceed with the matter in accordance with law
Subject to the above directions, the Criminal Petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.