1 CRL.P. No.4304 OF 2025 APHC010190182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4304/2025 Between: P.m.p Textiles Spinning Mills Limited and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. T DIWAKAR REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRL.P. No.4304 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4304 of 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioners submits that the petitioners were arraigned as A.1 to A.4 in C.C. No. 412 of 2019 on the file of the Court of the I Additional Magistrate of First Class, Proddatur, for alleged offences under Sections 138 and 142 of the Negotiable Instruments Act, 1881. 3. The learned counsel for the petitioners submits that soon after the receipt of summons, the petitioners duly engaged a counsel. However, on a subsequent date of hearing i.e., on 03.10.2019, the learned Magistrate dismissed the application filed by the learned counsel under Section 317 Cr.P.C. and issued non-bailable warrants against the petitioners. The pendency of the non-bailable warrants was not communicated to the petitioners by their counsel on record. Subsequently, the petitioners engaged a new counsel, through whom they have recently been apprised of the pendency of the non bailable warrants. 4. It is submitted that, upon becoming aware of the subsisting warrants, the petitioners sought to file an application under Section 70(2) Cr.P.C. seeking recall of the warrants. However, the office of the learned 3 CRL.P. No.4304 OF 2025 Magistrate returned the petition citing an objection that such an application must be accompanied by the personal appearance of the petitioners. 5. The learned counsel for the petitioners further submits that there is apprehension of arrest in the light of the long pendency of the non bailable warrants. 6. Having considered the submissions, the criminal petition stands disposed of with a direction to the petitioners to move an appropriate petition before the learned Magistrate for recall of the warrants within 15 days from the date of receipt of this order. The learned Magistrate shall consider the said application and recall the non bailable warrants by imposing the necessary conditions as required for expeditious disposal of the C.C. No.412 of 2019. Till such time, the execution of the NBWs against the petitioners shall remain stayed. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.23.04.2025 BV