As the point involved is narrowly covered by legal decisions, we shall dispose of this revision petition today at the admission stage itself.

2. The accused in a defamation case challenges dismissal of his petition to recall the N.B.W. issued against him since he has not surrendered himself before the Court.

3. Earlier, in N.B.W. recall petitions, surrender petition and surrender of the accused was also insisted upon. Now, it is not a condition precedent to do so (See S.Sundar vs. State, Inspector of Police, Vigilance and Anti-Corruption, Chennai, 2016-1-L.W.(Crl) 506). N.B.Ws., are also issued to enforce the attendance of the accused, who have failed to attend the Court.

When the accused expresses his inclination to appear before the Court and participate in the Court proceedings, there is no point in insisting upon his very physical presence as a condition to recall the N.B.W. But, at the same time, it cannot be a licence for the accused to bid good-bye always to the Court. It is his bounden duty to participate in the Court proceedings.

4. Now, in this case, the Magistrate seems to have been disturbed by his absence for 12 hearings. Let him have an opportunity to amend himself