B. Netranandam Yadav vs The State Of Telangana
2022 Latest Caselaw 4728 Tel

     THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA


               CRIMINAL PETITION No.8422 of 2022


ORDER:

Heard Sri V. Yadu Krishna Sainath, learned counsel for the

petitioner.

2. Seeking to quash the docket order dated 10.08.2022 that is

passed by the Court of XI Additional District and Sessions Judge,

Ranga Reddy District at L.B. Nagar, in Crl.A.No.154 of 2019 that

is pending on the file of the said Court, the present Criminal

Petition is filed.

3. Learned counsel for the petitioner states that the appeal

arose out of the judgment that was rendered in a case punishable

under Section 138 of the Negotiable Instruments Act, 1881. The

petitioner is the appellant in the said appeal and due to the

absence of the appellant, Non-bailable Warrant(NBW) was issued

against the petitioner and, subsequently, a letter was ordered to

be addressed to the Deputy Commissioner of Police, while

marking a copy to the Commissioner of Police, for execution of the

NBW and aggrieved by the said docket order, the petitioner is

before this Court.

Dr. CSL,J Crl.P.No.8422 of 2022

4. A perusal of the record reveals that in the light of the

absence of the petitioner/appellant, NBW was issued and as the

petitioner is even failed to appear subsequently, the application

filed to recall NBW was dismissed and, ultimately, the Court

ordered to address a letter to the Deputy Commissioner of Police

with a copy to the Commissioner of Police for execution of NBW. It

is clearly mentioned that respondent No.2/complainant is a

senior citizen and she has to come to the Court with the

assistance of other person and that being the situation, there is

every obligation on the part of the appellant to attend the Court

and to pursue the matter, but he has not done so. However, the

certified copies of the docket orders discloses that there were

attempts of amicable settlement between the parties.

5. Considering these facts, this Court considers it desirable to

give a fair opportunity to the petitioner/appellant to pursue the

matter.

6. Resultantly, the Criminal Petition is disposed of with the

following direction:

Dr. CSL,J Crl.P.No.8422 of 2022

The petitioner/appellant is directed to appear before the Court of XI Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar, on any working day, within ten (10) days from this day and on his appearance and on filing a fresh application for recall of NBW, the NBW issued shall be recalled on payment of Rs.5,000/- (Rupees five thousand only) to respondent No.2/ complainant towards costs. The petitioner/appellant shall get ready for hearing and submit his contentions in the appeal without seeking any further adjournments. Recall of NBW does not preclude the appellate Court to take any coercive steps against the petitioner/appellant, in case he fails to appear or pursue the Criminal Appeal diligently.

7. As a sequel, miscellaneous petitions pending, if any, shall

stand closed.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA

19.09.2022.

Msr

Dr. CSL,J Crl.P.No.8422 of 2022

THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA

CRIMINAL PETITION No.8422 of 2022

19.09.2022 (Msr)

Dr. CSL,J Crl.P.No.8422 of 2022