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2025 DAILYLAW 13592 (AP)

T.Manjunath, v. The State of Andhra Pradesh,

CRLP/3602/2025 · 2025-04-03

Harinath N

body2025

Judgment text

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APHC010164772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3602/2025 Between: T.manjunath, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. P NARAHARI BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: -2- CRL.P. No.3602 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3602 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the State. 2. Aggrieved by the order,dated 23.12.2024, passed in Crl.M.P.No.1030 of 2024 in C.C.No.180 of 2021, by the Additional Judicial First Class Magistrate, Hindupur, the petitioner filed the present criminal petition. 3. The learned counsel for the petitioner submits that the petitioner was arraigned as accused in C.C. No.180 of 2021 on the file of the Additional Judicial First Class Magistrate, Hindupur, for the offence allegedly committed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881.During the trial, on 22.08.2023, the petitioner failed to appear before the learned Magistrate, leading to the issuance of a non-bailable warrant. Thereafter, on 16.12.2024, the petitioner filed a petition seeking to recall the warrant.However, the learned Magistrate, by an order impugned, dismissed the recall petition on the grounds that the petitioner had failed to appear before the Court and that the counsel who was engaged to represent the petitioner also did not appear. 4. Considering the submissions of the learned counsel for the petitioner, it is left open for the petitioner to file a fresh application seeking recall of -3- CRL.P. No.3602 OF 2025 the non-bailable warrant and appear in person before the Court. On filing such an application, the learned Magistrate may pass fresh orders on merits. 5. Accordingly, the criminal petition is disposed off. 6. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. ____________________ JUSTICE HARINATH. N Dt.03.04.2025 BV