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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SMT. JUSTICE K. SUJANA

CRIMINAL REVISION CASE No.300 of 2026

DATE: 24.03.2026

Between:

Vikesh Kumar Gupta …. Petitioner/Accused

AND

The State of Telangana, Rep. by Public Prosecutor,

High Court for the State of Telangana, High Court at Hyderabad and another

…. Respondents/

Complainant

O R D E R

This Criminal Revision Case is filed by the revision

petitioner-accused seeking to set aside the order dated 12.02.2026 passed in Crl.M.P.No.99 of 2026 in STC NI.No.146 of 2025 by the learned Judicial Magistrate of First Class at

Adilabad (trial Court).

2. Heard Mr. Sreedhar Rao Kamlekar, learned counsel for

the petitioner.

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3. The petitioner had filed an application under Section 70(2) Cr.P.C. before the trial Court seeking cancellation of the Non- Bailable Warrant (NBW) issued against him in his absence. The trial Court dismissed the said application on the ground that NBW can be cancelled in the absence of the accused only in exceptional circumstances. Aggrieved thereby, the present

Revision Case has been filed.

4. Learned counsel for the petitioner submitted that the petitioner had not received any mandatory notice or summons issued by the trial Court in connection with the case and came to know about the proceedings and the issuance of NBW dated 21.01.2026 only through a reliable source. Subsequently, on 02.02.2026, he filed an application for recall of NBW in his absence, relying upon various judgments of the Hon’ble Supreme Court to contend that NBW can indeed be recalled even without the personal presence of the accused. Hence, he

prayed that the impugned order dated 12.02.2026 be set aside.

5. Considering the submissions made by the learned counsel for the petitioner and upon perusal of the material available on record, this Court is of the considered view that the petitioner may be permitted to file a fresh application before the trial Court

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seeking recall of the NBW. The trial Court is directed to consider such application on its own merits, keeping in view that the offence alleged is under Section 138 of the Negotiable

Instruments Act.

6. With the above direction, this Criminal Revision Case is

disposed of.

Miscellaneous applications, if any pending, shall stand

closed.

_______________

K. SUJANA, J Date: 24.03.2026

SS

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THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL REVISION CASE No.300 of 2026

Date: 24.03.2026 SS