D. ASHOK Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal revision case is preferred by the petitioner aggrieved by the order dtd. 8/4/2022 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 Sec. 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 Sec. 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 Sec. 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.