recalling of NBWS - The petitioner produced medical certificate to show that she was bed ridden. As sufficient cause is shown, N.B.W can be recalled. It is not a case of wilful or wanton absence of petitioner before the trial Court. Hence, the N.B.W. is recalled. 5. Accordingly, Criminal Petition is allowed quashing the docket order, dated 21.01.2013, in C.C.No.171 of 2009 on the file of the Judicial First Class Magistrate for Excise, Guntur. Petitioner is directed to appear before the trial Court on the next date of hearing.

 THE HON’BLE SRI JUSTICE K.C.BHANU

CRIMINAL PETITION No.1084 OF 2013

ORDER:

         

           This Criminal Petition is filed by the petitioner/accused under Section 482 Cr.P.C. seeking to quash the docket order, dated 21.01.2013, in C.C.No.171 of 2009 on the file of the Judicial First Class Magistrate for Excise, Guntur.

2.       One Siva Constructions, a partnership firm, represented by its Managing Partner-Alla Siva Reddy filed a private complaint against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and the same was taken on file.  The said Siva Reddy filed affidavit in lieu of his chief examination as P.W.1. and the case was posted to 21.01.2013 for marking of documents.  On 21.01.2013, petition under Section 317 Cr.P.C. was filed by the petitioner to dispense with her presence as she could not attend the Court on the ground that she underwent operation.  The learned Magistrate vide impugned order refused to dispense with her presence and issued N.B.W. on the ground that no medical certificate was filed.  Challenging the same, the present petition is filed.

3.         Learned counsel for the petitioner stated that on 21.01.2013, learned counsel representing the de facto complainant sought time for filing original documents and that the absence of the petitioner was neither wanton nor willful. 

4.       The petitioner produced medical certificate to show that she was bed ridden.  As sufficient cause is shown, N.B.W can be recalled.  It is not a case of wilful or wanton absence of petitioner before the trial Court.  Hence, the N.B.W. is recalled.

5.      Accordingly, Criminal Petition is allowed quashing the docket order, dated 21.01.2013, in C.C.No.171 of 2009 on the file of the Judicial First Class Magistrate for Excise, Guntur. Petitioner is directed to appear before the trial Court on the next date of hearing.

6.       Miscellaneous Petitions pending, if any, in this Criminal Petition shall stand closed.

 ______________________

JUSTICE K.C.BHANU

Date: 11.02.2013

AMD

 

                                                              

 

 THE HON’BLE SRI JUSTICE K.C.BHANU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRIMINAL PETITION No.1084 OF 2013

DATE:11.02.2013

AMD