SATISH REDDY SHERI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by petitioners to quash/set-aside the order passed by II Additional Junior Civil Judge-cum-X Additional Judicial First Class Magistrate, Ranga Reddy District at Kukatpally in Crl.M.P.No.3268 of 2024 in C.C.No.5394 of 2018 dtd. 17/10/2024 and to recall of NBW against them.

(2.) Heard Mr. P.Sree Charan, learned Amicus Curie for petitioners and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent - State. Perused the material on record.

(3.) Respondent filed a case for offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short 'NI Act'). Petitioners failed to appear before the Court. NBW was issued against them. Petitioners filed a recall of NBW vide Crl.M.P.No.3268 of 2024. It was dismissed on 17/10/2024 on the ground that case pertains to 2018 and petitioners are frequently not appearing before the Court. It was also the contention of the respondent that NBW was issued against them previously, the same was recalled, but again they were absent. That petitioners have not complied with the terms of the compromise and as such the compromise was not fructified. A docket order dtd. 17/10/2024 was issued by the II Additional Junior Civil Judge-cum-X Additional Judicial First Class Magistrate, Ranga Reddy, which is as follows: "Complainant present. A1 and A2 absent. NBW pending. Petition filed U/s. 70(2) Cr.P.C. and it is dismissed. For execution of NBW, PS Madhapur is directed to execute. Call on 21/11/2024."