JUDGMENT

VENKATA JYOTHIRMAI PRATAPA, J. - This instant petition under Sec. 482 of Code of Criminal Procedure, 1973[In short 'Cr.P.C'] is filed by the Petitioner/Accused seeking to quash the judgment of conviction dtd. 14/6/2016 passed against him in C.C.No.649/2015 on the file of learned V Addl. Judicial Magistrate of First Class, Kakinada, [In short, 'trial court'] for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881.[In short, ' Act, 1881'.]

2. Heard Sri R.Siva Sai Swarup, learned counsel for the petitioner, Ms. D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State and Sri Jangam Varun Roy, learned counsel for the Respondent No.2.

3. A rather interesting question is raised by the Petitioner seeking to quash judgment of conviction that is passed against him by the trial court. The peculiar circumstance of the case is, though trial court pronounced judgment convicting the petitioner, it could not pass sentence against the Petitioner since he failed to appear. Undisputed fact is that a non-bailable warrant is pending against the Petitioner on this aspect.

4. Learned Counsel for the Petitioner would submit that after pronouncement of t