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2025 Supreme(Online)(AP) 14896

HIGH COURT OF ANDHRA PRADESH
DR. Y. LAKSHMANA RAO, J
KOMMISETTY SARASWATHI DEVI – Appellant
Versus
TRIVEDHI SUBRAMANYAM – Respondent


Advocates:
For the Appellants/Petitioners: VARREY VENTAKATA NAGAVISHNU TEJA
For the Respondents: PUBLIC PROSECUTOR

ORDER

The Criminal Revision case has been filed challenging the order dated

17.04.2025 in issuing Non Bailable Warrant against the petitioner/accused who was convicted under Section 138 of Negotiable Instrument Act , 1881(for brevity ‘the N.I.Act.,’) by the learned I Additional Magistrate of First Class, Rajamahendravaram in Crl.M.P.No.114 of 2025 in C.C.No.2956 of 2019.

2. Ms.V.V.N.V.Teja, learned counsel for the petitioner submits that the petitioner/accused was in abroad. This fact was well within the knowledge of learned Judicial Magistrate. Hence, the petitioner could not appear before the learned Magistrate. The petitioner was convicted,but the sentence of imprisonment was not passed because of the absence of the petitioner/accused. Learned Counsel for the petitioner further submits that petitioner is ready to surrender before the learned Magistrate, if a reasonable time is given by recalling the NBW issued on 17.04.2025. Learned counsel for the petitioner relied on the decision of this Court in Pala Rahul Reddy v. State of Andhra Pradesh , [1Crl.R.C.No.824 of 2025 dated 31.07.2025], wherein this Court recalled the warrant issued by the Judicial Magistrate in the similar facts

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