The court established that a trial court must consider medical documentation and cannot insist on the physical presence of accused in proceedings concerning recall of Non-Bailable Warrants.

ORDER :

1. This Criminal Petition is filed by the petitioners/accused Nos.1 and 2, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), to quash the docket order dated 03.12.2024 in Crl.M.P. No.275 of 2024 and docket order dated 18.03.2025 in Crl.M.P. No.26 of 2025 in S.T.C. N.I. No.1 of 2024 on the file of learned Principal Junior Civil Judge, Mancherial (for short ‘trial Court’) and consequently direct the trial Court to recall the NBWs (Non-Bailable Warrants) issued against the petitioners/accused Nos.1 and 2 on 11.03.2024 without insisting their presence.

2. Heard Ms. V. Swetha, learned counsel for the petitioners/accused Nos.1 and 2, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for the respondent No.1-State.

3. The case of the petitioners/accused Nos.1 and 2 is that the complainant filed complaint under Section 200 Cr.P.C. which was registered as S.T.C. N.I. No.1 of 2024 for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘Act’) wherein summons were ordered to the petitioners/accused Nos.1 and 2 and posted for their appearance on 05.02.2024. On 05.02.2024, as the petitioners/accused Nos.1 and 2 were absent, the matter was adjourned to 11.03.2024. As the petitioners/accused Nos.1 and 2 were not present even on 11.03.2024, the trial Court issued NBWs against them and adjourned the matter to 22.04.2024. On 22.04.2024, the petitioners/accused Nos.1 and 2, through their counsel, filed petition under Section 70(2) of the Cr.P.C., seeking recall of NBWs issued against them and the same was numbered as Crl.M.P. No.275 of 2024. Despite filing the said petition, it was kept pending till 03.12.2024 and during the said period, the trial Court granted as many as fourteen (14) adjournments. Finally, on 03.12.2024, the trial Court dismissed the said petition on the ground that the petitioners/accused Nos.1 and 2 failed to submit medical reports and no representation on their behalf. The petitioners/accused Nos.1 and 2 paid costs on 17.10.2024 and also filed a memo which was acknowledged by the complainant. Despite the same, the trial Court has dismissed the petition seeking recall of the NBWs.

4. It is further stated that subsequently, the matter was adjourned from 10.01.2025 to 21.01.2025. On 21.01.2025, the petitioners/accused Nos.1 and 2 filed another petition under Section 72 of the BNSS seeking recall of NBWs which was numbered as Crl. M.P. No.26 of 2025. After several adjournments, the above petition was dismissed on the ground that earlier petition which was filed seeking recall of NBWs was dismissed by order dated 03.12.2024. Subsequently, when the matter was posted on 29.04.2025, the trial Court directed the respondent No.1 to execute the NBWs issued against the petitioners/accused Nos.1 and 2 and submit report. The matter is posted for filing of report on 28.05.2025.

5. Learned counsel for the petitioners/accused Nos.1 and 2 submitted that the trial Court has erroneously passed the orders dated 03.12.2024 and 18.03.2025 with a delay of ten (10) months and three and a half (3½) months respectively, without considering the medical reports submitted by the petitioners/accused Nos.1 and 2 in which it was stated that they underwent treatment for Dengupyrexia, Duodenal D1 Erosive Gastritis, Hypertension, High Glade fever and Hyperpyrexia with respiratory tract infection. Hence, the present petition is filed.

6. This Court, by order dated 14.05.2025, has issued notice to respondent No.2 and the learned counsel for the petitioners/ accused Nos.1 and 2 was permitted to take out personal notice to respondent No.2. Learned counsel for the petitioners/accused vide N