ORDER

Heard Sri V. Sai Kumar, learned counsel for petitioner. Learned Assistant Public Prosecutor takes notice for the Sate and opposed the application.

2. Sri V. Sai Kumar, learned counsel for petitioner would submit that the petitioner is an accused in C.C.162/2016 on the file of IV Addl. Senior Civil Judge-cum-V Addl.Chief Metropolitan Magistrate, Vijayawada; the case was posted for judgment to 24.05.2024; on that day, the accused did not appear due to health reasons and filed an application U/s.317 Code of Criminal Procedure, 1973 (hereinafter referred to ‘Cr.P.C.’) to dispense with his presence; learned Magistrate dismissed the application, proceeded with pronouncement of judgment, found the accused guilty for the offence U/s.138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘138 N.I.Act’) and accordingly, convicted him U/s.255(2) Cr.P.C.; learned Magistrate issued Non-bailable Warrant against the petitioner/accused for his production before the Court on hearing quantum of sentence as per law, for imposing sentence for the offence U/s.138 N.I. Act.

3. Later, the petitioner filed application on 29.05.2024 vide Crl.M.P.No.1940/2024, U/s.70(2) Cr.P.C. to cancel