APHC010428182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI F MONDAY. THE FIRST DAY OF SEPTEMBER K TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 942 OF 2025 •3 Revision filed under Section 438 of 442 of BNSS. aggrieved by the docket order, Dt.17-04-2025 in CrI.M.P No.114/2025 in C.C No.2956 of 2019 on the file of I Additional Magistrate of First Class, Rajamahendravaram. Between: Kommisetty Saraswathi Devi, W/o Balakrishna 165/A. Seethamsetty Nagar. Rampachodavaram, District. Aged 47 years, D.No.5- East Godavari ...Petitioner/Accused AND 1. Trivedhi Subramanyam, S/o Veera Rampachodavaram, E.G District 2. The State of Andhra Pradesh, Rep, by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi Brahmaiah, Aged 70 years. ■..Respondent/Respondent lA NO: 2 OF 2025 Petition under Section 528 of BNSS and that in the circumstances stated in the affidavit filed 482 of Cr.P.C, 1973 praying in support of the petition. the High Court may be pleased to Suspend the dismissal order Dt. 17-04-2025 in CrI.M.P.No. 114 of 2025 in C.C.No.2956 of 2019 on the file of I Additional Magistrate of First Class, Rajamahendravaram and recall the Non bailable warrant issued against the Accused on 17-04-2025. Counsel for the Petitioner: Sri Varrey Ventakata Nagavishnu Teja Counsel for the Respondent No.1: None Appeared Counsel for the Respondent No.2: Public Prosecutor The Court made the following order: APHC010428182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 942/2025 Between: 1.KOMMISETTY SARASWATHI DEVI, W/0 BALAKRISHNA AGED 47 SEETHAMSETTY RAMPACHODAVARAM, EAST GODAVARI DISTRICT. YEARS D.N0.5-165/A, NAGAR, ...PETITIONER AND 1.TRIVEDH! SUBRAMANYAM, S/0 VEERA BRAHMAIAH AGED 70 YEARS, RAMPACHODAVARAM, E.G DISTRICT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH AT PROSECUTOR AMARAVATHI ...RESPONDENT(S): Counsel for the Petitioner: 1.VARREY VENTAKATA NAGAVISHNU TEJA Counsel for the Respondent{S): 1. PUBLIC PROSECUTOR The Court made the following: m ORDER; The Criminal Revision case has been filed challenging the order dated 17.04.2025 in issuing Non Bailable Warrant against the petitioner/accused was convicted under Section 138 of Negotiable Instrument Act who 1881 (for brevity ‘the N.I.Act..’) by the learned I Additional Magistrate of First Class Rajamahendravaram in Crl.M.P.No.114 of 2025 in C.C.No.2956 of 2019. 2. Ms.V.V.N.V.Teja, learned counsel for the petitioner submits that the petitioner/accused was in abroad. This fact was well within the knowledge of learned Judicial Magistrate. Hence, the petitioner could not appear before the learned Magistrate. The petitioner was convicted, but the sentence of ^ imprisonment was not passed because of the absence petitioner/accused. Learned Counsel for the petitioner further submits petitioner is ready to surrender before the learned Magistrate, if a reasonable time is given by recalling the NBW issued on 17.04.2025. Learned counsel for of the that the petitioner relied on the decision of this Court in Pala Rahul Reddy v. State of Andhra Pradesh\ wherein this Court recalled the warrant issued by the Judicial Magistrate in the similar facts and circumstances. Heard learned Assistant Public Prosecutor. 4. At the admission stage itself, this case is disposed of in view of peculiar facts and circumstances of the case. Therefore, issue of notice on Respondent No.1 is no required as the role of Respondent No.1 is limited in Criminal Revision Case for the simple reason that the case before the learned Trial 3. ^ Crl.R.C.No.824 of 2025 dated 31.07.2025 3 Court is pending for imposition of sentence of imprisonment on the Petitioner. Considering the entire gamut of the case, this Court inclined to dispose of the Criminal Revision Case, considering the fact that the petitioner is a lady, aged about 47 years and she is recently returned from Canada after attending her daughters delivery process, the Non-Bailable Warrant issued by the learned Judicial Magistrate on 17.04.2025 is recalled. The petitioner/accused directed to appear before the learned Judicial Magistrate concerned within week from today. Learned Judicial Magistrate is directed to take up the C.C.No.2956 of 2019 for its logical conclusion after Petitioner. In case the Petitioner failed to appear before the learned Judicial Magistrate as per this order within one week from today, learned Magistrate may proceed to take steps for securing the presence of the Petitioner, in accordance with law. 5. Accordingly, Criminal Revision Case is disposed of. is one appearance of the Sd/- K T^TA RAO DEPUTY RAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional Judicial Magistrate Rajamahendravaram, East Godavari District. (Records if any) One CC to Sri. Varrey Ventakata Nagavishnu Teja Two CC's to The Public Prosecutor, Amaravati [OUT] The Section Officer, Criminal Section, Two CD Copies of First Class, 2. , Advocate [OPUC] High Court of Andhra Pradesh at 3. 4. High Court of Andhra Pradesh. 5. SAM sree m HIGH COURT DATED;01/09/2025 \ ORDER CRLRC No. 942 of 2025 DISPOSING OF THE CRLRC