ORDER :

This Criminal petition is filed by the petitioner/accused under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of proceedings in C.C.No.116 of 2024 on the file of the learned I Additional Judicial First Class Magistrate at Nizamabad, registered for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. Heard Sri M. Rathan Singh, learned counsel for the petitioner as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submitted that the trial Court restored the complaint in revision filed by respondent No.2 without affording an opportunity of hearing to the petitioner. He further submitted that the issuance of a non-bailable warrant against the petitioner was erroneous and unjustified in the circumstances. The petitioner seeks recall of the said warrant and appropriate directions from this Court.

4. Upon consideration of the submissions made by both learned counsel and on perusal of the material available on record, this Court is of the view that the petitioner ought to be given an opportunity to appear