THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.35682 of 2025

ORDER

This writ petition is filed seeking the following prayer:

“…declaring the inaction on part of the respondent No.6 in executing Non-bailable/conviction Warrant against convicted accused/respondent No.7 for the purpose of forwarding him to the jail to execution the sentence issued by the Learned I Additional Judicial Magistrate of First Class Gadwal Jogulamba Gadwal District dated 31.10.2025 in C.C.No.111 of 2017 is highly arbitrary, unlawful, high handedness and contrary to the provisions of the Police Act 1861 and The Code of Criminal Procedure, 1973 and consequently direct the Respondent No.6 to forthwith execute the NBW without any further delay and securing the presence of the accused/convict before the court in accordance with law under the close supervision and monitoring of respondent Nos.3 to 5…”

2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 6. With their consent, this writ petition is taken up for disposal. Notice to respondent No.7 is hereby dispensed with.

3. The facts of the case in brief as stated are that petitioner lodged a complaint against respondent No.7 under Section 138 of Negotiable Instruments Act and was convicted by the learned trial Court vide judgment dated 22.08.2025 and imposed one year simple imprisonment and to pay fine amount of Rs.6,02,000/- in Crl.M.P.No.236 of 2025 in Crl.A.No.9 of 2025 in C.C.No.111 of 2017 on the file of I Addl.JMFC, Gadwal. Subsequently, respondent No.7 filed an appeal before the Principal District and Sessions Judge, Jogulamba Gadwal and filed Crl.M.P.No.236 of 2025 seeking suspension of sentence. The Appellate Court vide order dated 19.09.2025 suspended the sentence on the condition that the accused deposits 20% of the cheque compensation amount within one month. However, respondent No.7 failed to comply with the said condition. Consequently, the Appellate Court passed a docket order on 22.10.2025 closing the suspension petition due to non- compliance on 30.10.2025. Thereafter, on 31.10.2025 the I Addl. JFCM, Gadwal passed a detailed docket order issuing conviction warrant/NBW under Section 418(2) Cr.P.C., directing SHO, Gadwal Town to arrest respondent No.7 and commence the sentence. On 01.11.2025, the trial Court issued official warrant to SHO, Gadwal Town. However, respondent No.6 i.e., SHO Gadwal is not executing the NBW issued by I Addl., JFCM, Gadwal. In that regard, petitioner also made representation to respondent Nos.1 to 5 on 12.11.2025. Since no action is forthcoming till date, the present writ petition is filed.

4. Learned Assistant Government Pleader for Home, after arguing at length, submits that if the said representation is still pending for consideration, the respondent authorities may be directed to dispose of the petitioner’s representation, dated 12.11.2025 and pass appropriate orders in accordance with law.

5. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioner’s representation, dated 12.11.2024 and respondent No.6 shall comply with the orders passed by the I Addl. JFCM, Gadwal dated 31.10.2025 as expeditiously as possible.

6. Accordingly this writ petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed. However, there shall be no order as to costs.

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N.V.SHRAVAN KUMAR, J.

Date: 24.11.2025 mrm