ORDER:

This Writ Petition for certiorari is filed to call for the records pertaining to the impugned docket order dated 01.12.2021 passed in C.C.No.3075 of 2021 on the file of the V Additional Junior Civil Judge, Guntur, and to declare the issuance of NBW straightaway in a case under Section 138 of the Negotiable Instruments Act for non-appearance of the petitioner on the date of first hearing, as illegal and unconstitutional and consequently, sought to quash the said docket order, dated 01.12.2021 and direct the police not to execute the said NBW issued against the petitioner.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for respondents 1 to 3 and Sri K.Maheswara Rao, learned counsel for the 4th respondent.

3. The petitioner is the sole accused in C.C.No.3075 of 2021 on the file of the V Additional Junior Civil Judge, Guntur. He has been facing prosecution in the said case for the offence punishable under Section 138 of the Negotiable Instruments Act. By the impugned docket order dated 01.12.2021, the learned Additional Junior Civil Judge, owing to the absence of the petitioner on the date of the first appearance of the accused, issued NBW against the accused and posted the matter to

07.01.2022 for appearance of the accused.

4. The impugned docket order dated 01.12.2021 is now being challenged before this Court on the ground that as per the dictum laid down by the Apex Court in the case of Satender Kumar Antil v. CBI1, the Court cannot directly at the first instance issue NBW against the accused and the Court has to issue a bailable warrant first for physical appearance of the accused. Therefore, it is contended before this Court that as the trial Court without issuing any bailable warrant, issued NBW against the petitioner, the impugned docket order dated

01.12.2021 is unsustainable under law.

5. Learned Assistant Government Pleader for Home for respondents 1 to 3 and Sri K.Maheswara Rao, learned counsel for respondent No.4, would submit that as the petitioner did not appear before the trial Court on receipt of summons that the trial Court has rightly issued NBW against him to secure his presence and the impugned docket order dated 01.12.2021 is sustainable under law.

6. In the facts and circumstances of the case, this Court is of the considered view that a direction to the petitioner to appear before the trial Court to face the trial and seek recall/

cancellation of NBW issued against him would be suffice.

7. Therefore, the Writ Petition is disposed of with a direction to the petitioner to appear before the trial Court to face the trial on or before 05.02.2022 and file an application for

1 Order dated 07.10.2021 passed in Petition for Special Leave to Appeal (Crl.) No.5191 of 2021

recall/cancellation of NBW issued against him. In case the petitioner surrenders before the trial Court, as directed supra, and files an application for recall/cancellation of NBW, the trial Court shall consider the same and pass appropriate order accordingly on the said application. Till the petitioner appears before the trial Court as directed supra and files an application for recall/cancellation of NBW, the NBW that was issued against him stands suspended. No costs.

Consequently, miscellaneous applications, pending if any, shall also stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:18.01.2022.

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