AI Structured Summary
Not yet generated for this judgment
Judgment
This Criminal Petition is filed by the petitioner/accused aggrieved by the Docket Order, dated 11.08.2026, passed by the learned Principal Judicial Magistrate of the First Class, at Miryalaguda, (herein after called ‘trial Court’) wherein the application filed by the petitioner seeking to recall the Non-Bailable Warrant (NBW) issued against him was dismissed.
Heard Mr. V.S.R.M.V. Prasad Sanaka, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1. Notice in respect of respondent No.2 is dispensed with on the ground that the petitioner is not seeking any relief against respondent No.2 and he is seeking only recalling of the NBW’s issued against him.
Learned counsel for the petitioner submits that the petitioner is an accused in STC.NI. No.51 of 2021 and due to his ill health, he could not appear before the learned trial Court on 14.07.2026 and the learned trial Court issued NBW against the petitioner. Thereafter, the petitioner filed an application on 29.07.2026 seeking recall of NBW issued against him. Learned trial Court without properly considering the said reasons submitted by the petitioner, dismissed the said application. Unless, the NBW issued against the petitioner is recalled, he will be put to great hardship.
Learned counsel for the petitioner submits that the petitioner will appear before the learned trial Court and he will co-operate for conclusion of trial and disposal of the case and also he will represent the matter through his counsel on each and every date of adjournment.
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 facing prosecution for the offence under Section 138 of Negotiable Instruments Act, 1881, before the learned trial Court in STC.NI. No.51 of 2021. Learned trial Court issued NBW on 14.07.2026 against the petitioner on the ground that neither petitioner nor his counsel were presented on that day nor filed any application seeking to dispense with his presence. Hence, the learned trial Court has issued NBW against the petitioner. The record further reveals that on 29.07.2026 the petitioner filed an application under Section 72 of BNSS seeking to recall NBW issued against him and the said application was dismissed by the learned trial Court vide order dated 11.08.2026.
During the course of hearing, learned counsel for the petitioner submitted that the petitioner will appear before the learned trial Court and will prosecute the proceedings diligently.
Taking into consideration of the peculiar facts and circumstances and the submissions made by the learned counsel for the petitioner, this Court is inclined to set aside the Docket Order, dated 11.08.2026, passed by the learned trial Court and recall the NBW issued against the petitioner/accused on the following conditions:
The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties to the satisfaction of the learned trial Court.
ii) The petitioner shall file sworn undertaking affidavit that he will appear before the learned trial Court to face the trial and cooperate for conclusion of the trial and disposal of the matter and he will represent the case through his counsel each and every date of adjournment.
The record discloses that STC.NI. No.51 of 2021 filed by respondent No.2 is pending since 2021. Hence, learned trial Court is directed to conclude the trial and dispose of STC.NI. No.51 of 2021, as expeditiously as possible. It is made clear that the parties in lis shall cooperate with the learned trial Court without seeking undue adjournments.
In default complying with the above said conditions, the learned trial Court is entitled to proceed with the matter, in accordance with law.
Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.