T.RAGHU BABU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal revision case is filed against the docket order dated 24.12.2019 passed in Crl.M.P.No.2410 of 2019 in C.C.No.105 of 2018 and against the orders dated 01.11.2019, 14.11.2019, 28.11.2019, 24.12.2019 and also subsequent order dated 02.01.2020 passed in the said C.C., by the learned I Special Magistrate, Hasthinapuram, Ranga Reddy District.

(2.) Heard learned counsel for the petitioner/accused and learned Additional Public Prosecutor appearing for the 1st respondent-State.

(3.) The brief facts are that based on the complaint made by the 2nd respondent, C.C.No.105 of 2018 was registered against the petitioner for the offence under Section 138 of Negotiable Instruments Act, 1881. When the case was called on 01.11.2019, the petitioner was absent and NBW was issued against him, and subsequently, on 14.11.2019 and 28.11.2019, as the petitioner was called absent, NBW was pending against him. On 20.12.2019, the petitioner filed Crl.M.P.No.2410 of 2019 under Section 70(2) of Cr.P.C., seeking to recall the NBW pending against him. He stated therein that due to his illness, he was hospitalized and he was unable to attend the Court on the said date and his absence was neither wilful nor intentional. However, the said plea taken by the petitioner did not find his favour and the said petition was dismissed on 24.12.2019 stating that the petitioner was avoiding service and legal process since 25.10.2019. On 02.01.2020 also, as the petitioner was called absent, the trial Court ordered to issue fresh NBW against the accused through the Commissioner of Police and posted the matter to 21.01.2020. Challenging the said docket orders, the present revision is filed.